Hoda v. Mayorkas

1 District Judge Jamal N. Whitehead 7 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE SAM HODA, et al., Case No. 2:24-cv-01906-JNW Plaintiffs, STIPULATED MOTION TO HOLD 11 v. CASE IN ABEYANCE AND [PROPOSED] ORDER KRISTI NOEM, et al., Noted for Consideration: 13 Defendants. March 27, 2025 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 August 8, 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 his asylum application.

20 Defendants’ response to the Complaint is currently due on April 1, 2025. The parties are currently working towards a resolution to this litigation. For good cause, the parties request that the Court hold the case in abeyance until August 8, 2025.

23 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. 3 P. 1.

4 With additional time, this case may be resolved without the need of further judicial intervention. USCIS has scheduled Plaintiff’s asylum reinterview for April 10, 2025. USCIS agrees to diligently work towards completing the adjudication within 120 days of the interview, absent unforeseen or exceptional circumstances that would require additional time for adjudication. If the adjudication is not completed within that time, USCIS will provide a status report to the Court. Plaintiff will submit all supplemental documents and evidence, if any, to USCIS seven to ten 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. Once the application is adjudicated, Plaintiff will dismiss the case with each party to bear their own litigation costs and attorneys’ fees. Accordingly, the parties request this abeyance to allow USCIS to conduct Plaintiff’s asylum reinterview and then process his asylum application.

17 As additional time is necessary for this to occur, the parties request that the Court hold the case in abeyance until August 8, 2025. The parties will submit a status update on or before August 8, 2025.

20 // // // 1 DATED this 27th day of March, 2025.

2 Respectfully submitted, TEAL LUTHY MILLER LAW OFFICE OF DANIELLE DOYLE Acting United States Attorney s/ Michelle R. Lambert s/ Danielle Doyle MICHELLE R. LAMBERT, NYS #4666657 DANIELLE DOYLE, WSBA# 42067 Assistant United States Attorney Law Office of Danielle Doyle United States Attorney’s Office 3347 31st Drive Western District of Washington Everett, Washington 98201 1201 Pacific Avenue, Suite 700 Phone: 206-427-9094 Tacoma, Washington 98402 Email: [email protected] Phone: (206) 553-7970 Attorney for Plaintiffs Fax: (206) 553-4067 Email: [email protected] Attorneys for Defendants I certify that this memorandum contains 391 words, in compliance with the Local Civil Rules.

1 ORDER 2 The case is held in abeyance until August 8, 2025. The parties shall submit a status |Jupdate on or before August 8, 2025. It isso ORDERED.

5 DATED this 2nd day of April, 2025.

7 Kako ‘AMAL N. WHITEHEAD 8 United States District Judge STIPULATED MOTION FOR ABEYANCE UNITED STATES ATTORNEY [Case No. 2:24-cv-01906-JNW] - 4 1201 PACIFIC AVE., STE. 700