Bibi1 v. Mayorkas

1 The Honorable Benjamin H. Settle

7 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 8 AT TACOMA ASIYA BIBI1, Case No. 3:24-cv-06065-BHS Plaintiff, STIPULATED MOTION TO HOLD 11 v. CASE IN ABEYANCE AND ORDER KRISTI NOEM, et al.,1 Noted for Consideration: February 26, 2025 13 Defendants.

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 I-589, Application for Asylum and for Withholding of Removal. Plaintiff’s counsel has filed a motion to consolidate Charyeva3 v. Mayorkas, 2:23-cv- 1977-RAJ-SKV (Dkt. No. 50), with this case. Dkt. No. 11, Notice of Opposed Motion to Consolidate. For good cause, Plaintiff and Defendants, by and through their counsel of record, pursuant to Federal Rule of Civil Procedure 6 and Local Rules 7(d)(1), 10(g) and 16, hereby 1 Pursuant to Federal Rule of Civil Procedure 25(d), Defendants substitute Secretary of the Department of Homeland Security (“DHS”) Kristi Noem for Alejandro Mayorkas; and U.S. Citizenship and Immigration Services (“USCIS”) Senior Official Performing the Duties of the Director Kika Scott for Ur Jaddou.

1 jointly stipulate and move to stay these proceedings until the motion to consolidate in Charyeva3 is decided.

3 Courts have “broad discretion” to stay proceedings. Clinton v. Jones, 520 U.S. 681, 706 (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 counsel, and for litigants.” Landis v. N. Am. Co., 299 U.S. 248, 254 (1936); see also Fed. R. Civ. P. 1.

7 The outcome of the pending motion to consolidate in Charyeva3 will determine how this case will proceed forward. If granted, this case will be consolidated with Charyeva3, the earlier filed case. If denied, the parties intend to submit a proposed schedule to this Court within 15 days that sets forth deadlines for Plaintiff to amend the complaint and for cross-motion briefing.

11 The parties agree that this proposed stay will further judicial economy and save time and expense for the parties. The parties further submit that the requested stay will not prejudice either party.

13 Accordingly, the parties respectfully request that the Court hold the case in abeyance until the motion to consolidate filed in Charyeva3 is decided. If the motion is denied, the parties will submit a proposed briefing schedule within 15 days of an order being issued in Charyeva3.

16 // // // // // 1 DATED this 26th day of February, 2025.

2 Respectfully submitted, TEAL LUTHY MILLER LAW OFFICES OF BART KLEIN Acting United States Attorney s/ Michelle R. Lambert s/ Bart Klein MICHELLE R. LAMBERT, NY No. 4666657 BART KLEIN, WSBA# 10909 Law Offices of Bart Klein s/ Sarah Louise Bishop 605 First Avenue, #500 SARAH LOUISE BISHOP, NY No. 5256359 Seattle, Washington 98104 Assistant United States Attorneys Phone: 206-755-5651 United States Attorney’s Office Email: [email protected] Western District of Washington 1201 Pacific Avenue, Suite 700 Attorney for Plaintiff Tacoma, Washington 98402 Phone: (206) 553-7970 Fax: (206) 553-4067 Email: [email protected] 11 [email protected] Attorneys for Defendants I certify that this memorandum contains 319 words, in compliance with the Local Civil Rules.

1 ORDER 2 The case is held in abeyance until the motion to consolidate in Charyeva3 v. Mayorkas, ||2:23-cv-1977-RAJ-SKV (Dkt. No. 50), is decided. If the motion is denied, the parties will ||submit a proposed briefing schedule within 15 days of the order’s issuance. It is so ORDERED.

6 DATED this 26th day of February, 2025. g ( ‘| OND BENJA) IN H. SETTLE 9 UnitedStates District Judge 1] STIPULATED MOTION FOR ABEYANCE UNITED STATES ATTORNEY [Case No. 3:24-cv-06065-BHS] - 4 1201 PACIFIC AVE., STE. 700