Atayants v. United States Citizenship and Immigration Services

] District Judge Robert S. Lasnik 7 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE ARTUR ATAYANTS, Case No. 2:24-cv-01986-RSL Plaintiff, STIPULATED MOTION TO HOLD 11 Vv. CASE IN ABEYANCE AND ORDER |} UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, Defendant.

15 Plaintiff brought this litigation pursuant to the Administrative Procedure Act and ||Mandamus Act seeking, inter alia, to compel the U.S. Citizenship and Immigration Services |\(“USCIS”) to adjudicate his Form 1-589, Application for Asylum and for Withholding of |]Removal. Defendant’s response to the Complaint is currently due on February 25, 2025. The ||parties are currently working towards a resolution to this litigation. For good cause, the parties 20 request that the Court hold the case in abeyance until August 27, 2025.

21 Courts have “broad discretion” to stay proceedings. Clinton v. Jones, 520 U.S. 681, 706 1|(1997). “[T]he power to stay proceedings is incidental to the power inherent in every court to ||control the disposition of the causes on its docket with economy of time and effort for itself, for STIPULATED MOTION FOR ABEYANCE UNITED STATES ATTORNEY [Case No. 2:24-cv-01986-RSL] - 1 1201 PAcIFIC AVE., STE. 700 ||counsel, and for litigants.” Landis v. N. Am. Co., 299 U.S. 248, 254 (1936); see also Fed. R. Civ. ||P. 1.

3 With additional time, this case may be resolved without the need of further judicial |lintervention. USCIS has scheduled Plaintiff's asylum interview for April 29, 2025. USCIS |Jagrees to diligently work towards completing the adjudication within 120 days of the interview, |jabsent unforeseen or exceptional circumstances that would require additional time for |jadjudication. If the adjudication is not completed within that time, USCIS will provide a status ||report to the Court.

9 Plaintiff will submit all supplemental documents and evidence, if any, to USCIS seven to 10 days prior to the interview date. Plaintiff recognizes that failure to submit documents prior to ||the interview may require the interview to be rescheduled and the adjudication delayed. If ||needed, Plaintiff will bring an interpreter to the interview, otherwise the interview will need to be |}rescheduled and the adjudication delayed. After the interview, USCIS will need time to ||adjudicate Plaintiff's asylum application. Once the application is adjudicated, Plaintiff will ||dismiss the case with each party to bear their own litigation costs and attorneys’ fees.

16 ||Accordingly, the parties request this abeyance to allow USCIS to conduct Plaintiff's asylum ||interview and then process his asylum application.

18 As additional time is necessary for this to occur, the parties request that the Court hold |/the case in abeyance until August 27, 2025. The parties will submit a joint status report on or ||/before August 27, 2025.

STIPULATED MOTION FOR ABEYANCE UNITED STATES ATTORNEY [Case No. 2:24-cv-01986-RSL] - 2 1201 PACIFIC AVE., STE. 700 | || Dated: February 12, 2025 Respectfully submitted, TESSA M. GORMAN United States Attorney s/Michelle R. Lambert 4 MICHELLE R. LAMBERT, NYS #4666657 Assistant United States Attorney 5 1201 Pacitic Avenue, Suite 700 Tacoma, Washington 98402 6 Phone: 253-428-3824 Email: michelle.lambert @ usdoj.gov Attorneys for Defendant 8 I certify that this memorandum contains words, in compliance with the Local Civil Rules.

1] 2 Z | / aa ARTUR ATAYANTS 12 15032 116th Place NE Kirkland, Washington 98034 13 Phone: 206-739-945 | Email: art.atayants@ gmail.com 14 Pro Se Plaintiff 22.

STIPULATED MOTION FOR ABEYANCE -3 UNITED STATES ATTORNEY No. 2:24-cv-1986-RSL 700 STEWART STREET. SUITE 5220 1 ORDER 2 The case is held in abeyance until August 27, 2025. The parties shall submit a joint ||status report on or before August 27, 2025. It is so ORDERED.

5 DATED this 14th day of February, 2025.

MS Corcrak ROBERT S. LASNIK 8 United States District Judge STIPULATED MOTION FOR ABEYANCE UNITED STATES ATTORNEY [Case No. 2:24-cv-01986-RSL] - 4 1201 PAcIFIC AVE., STE. 700