Chung v. United States Citizenship and Immigration Services

7 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE MYUNG BIN CHUNG, Case No. 2:25-cv-00202-JHC Plaintiff, STIPULATED MOTION TO HOLD 11 v. CASE IN ABEYANCE AND ORDER UNITED STATES CITIZENSHIP AND Noted for Consideration: IMMIGRATION SERVICES, et al.,1 April 2, 2025 Defendants.

15 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 jointly stipulate and move to stay these proceedings until June 3, 2025. Plaintiff brings this litigation pursuant to the Mandamus Act seeking to compel the U.S. Citizenship and Immigration Services (“USCIS”) to adjudicate her Form I-485, Application to Register Permanent Residence or Adjust Status.

20 Defendants’ response to the complaint is currently due on April 4, 2025. For good cause, the parties request that the Court hold this case in abeyance until June 3, 2025.

1 Pursuant to Federal Rule of Civil Procedure 25(d), Defendants substitute Senior Official Performing the Duties of the Director Kika Scott for Jennifer B. Higgens, Jonathan Weeks for Anne Arries Corsano, U.S. Attorney General Pamela Bondi for James R. McHenry III, and Acting U.S. Attorney Teal Luthy Miller for Tessa M. Gorman.

1 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. 5 P. 1.

6 With additional time, this case may be resolved without the need of further judicial intervention. USCIS issued Plaintiff a Notice of Intent to Deny (“NOID”) the application.

8 Plaintiff has until April 28, 2025, to respond to the NOID. USCIS must receive and review this response before continuing with the processing of the application. As additional time is necessary for this to occur, the parties respectfully request that the instant action be stayed until June 3, 2025. The parties will submit a joint status report on or before June 3, 2025.

12 // // // // // // // 1 DATED this 2nd day of April, 2025.

2 Respectfully submitted, 3 TEAL LUTHY MILLER Acting United States Attorney s/ Michelle R. Lambert 5 MICHELLE R. LAMBERT, NYS #4666657 Assistant United States Attorney 6 United States Attorney’s Office Western District of Washington 7 1201 Pacific Avenue, Suite 700 Tacoma, Washington 98402 8 Phone: (206) 553-7970 Fax: (206) 553-4067 9 Email: [email protected] 10 Attorneys for Defendants 11 I certify that this memorandum contains 259 words, in compliance with the Local Civil 12 Rules.

13 s/ Myung Bin Chung MYUNG BIN CHUNG 14 22920 80th Park West Edmonds, Washington 98026 15 Phone: 360-213-4916 Email: [email protected] 16 Pro Se Plaintiff

1 ORDER 2 The case is held in abeyance until June 3, 2025. The parties shall submit a joint status ||report on or before June 3, 2025. It is so ORDERED.

4 DATED this 2nd day of April, 2025.

6 aia 4 Chur JOHN H. CHUN 7 United States District Judge 1]