Garcia Cruz v. United States Citizenship and Immigration Services

1 District Judge Tana Lin

7 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE OSCAR GARCIA CRUZ, et al., Case No. 2:25-cv-00074-TL Plaintiffs, STIPULATED MOTION TO HOLD 11 v. CASE IN ABEYANCE AND [PROPOSED] ORDER UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, et al.,1 Noted for Consideration: 13 February 28, 2025 Defendants.

15 Plaintiffs 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 jointly stipulate and move to stay these proceedings until June 3, 2025. Plaintiffs brought this litigation pursuant to the Administrative Procedure Act and Mandamus Act seeking, inter alia, to compel U.S. Citizenship and Immigration Services (“USCIS”) to adjudicate their Form I-130, Petition for Alien Relative.

20 Defendants’ response to the Complaint is currently due on April 4, 2025. The parties are currently Pursuant to Federal Rule of Civil Procedure 25(d), Defendants substitute Kika Scott, Senior Official Performing the Duties of the USCIS Director, for Ur M. Jaddou.

1 working towards a resolution to this litigation. For good cause, the parties request that the Court hold the case in abeyance until June 3, 2025.

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 With additional time, this case may be resolved without the need of further judicial intervention. USCIS recently issued a Request for Evidence (“RFE”). Plaintiffs’ response to the RFE is due by May 27, 2025. Once Plaintiff has submitted the response, USCIS will need time to review it and continue with processing of the Form I-130. Because further litigation may not be necessary after the review is completed, the parties agree that holding this case in abeyance through June 3, 2025, is appropriate. Therefore, the parties believe good cause exists for a stay in these proceedings to save the parties and this Court from spending unnecessary time and judicial resources on this matter.

15 Accordingly, the parties request that the Court hold the case in abeyance until June 3, 2025.

16 The parties will submit a joint status report on or before June 3, 2025.

18 // // // // // 3 DATED this 28th day of February, 2025.

4 Respectfully submitted, TEAL LUTHY MILLER LAW OFFICE OF SHARA SVENDSEN Acting United States Attorney s/ Michelle R. Lambert s/ Elaine Fordyce MICHELLE R. LAMBERT, NYS #4666657 ELAINE FORDYCE WSBA# 44416 Assistant United States Attorney Law Office of Shara Svendsen United States Attorney’s Office 16300 Mill Creek Blvd., Ste. 206 Western District of Washington Mill Creek, Washington 98012 1201 Pacific Avenue, Suite 700 Phone: 425-361-1511 Tacoma, Washington 98402 Email: [email protected] Phone: (206) 553-7970 Attorneys for Plaintiffs Fax: (206) 553-4067 Email: [email protected] Attorneys for Defendants I certify that this memorandum contains 323 words, in compliance with the Local Civil Rules. [PROPOSED] ORDER The case is held in abeyance until June 3, 2025. The parties shall submit a status update on or before June 3, 2025. It is so ORDERED.

DATED this 28th day of February, 2025.

A 21 Tana Lin United States District Judge