N.S.S. v. Lehman

1 The Honorable Tana Lin 7 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE N.S.S, Case No. 2:25-cv-00042-DWC Plaintiff, STIPULATED MOTION TO HOLD 11 Vv. CASE IN ABEYANCE AND | CRDER 12 DANIELLE LEHMAN, et al.,!

Noted for Consideration: 13 Defendants. April 1, 2025 15 Plaintiff and Defendants, by and through their counsel of record, pursuant to Federal Rule |Jof Civil Procedure 6 and Local Rules 7(d)(1), 10(g) and 16, hereby jointly stipulate and move to ||hold this case in abeyance until October 8, 2025. 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”) adjudicate her Form I-589, Application for ||Asylum and for Withholding of Removal. Defendants’ response to the Complaint is currently due |Jon April 7, 2025. The parties are currently working towards a resolution to this litigation. For 22 cause, the parties request that the Court hold the case in abeyance until October 8, 2025.

1 Pursuant to Federal Rule of Civil Procedure 25(d), Defendants substitute Senior Official Performing the Duties of ||the Director Kika Scott for Ur M. Jaddou and Secretary Kristi Noem for Alejandro Mayorkas.

STIPULATED MOTION FOR ABEYANCE UNITED STATES ATTORNEY [Case No. 2:25-cv-00042-DWC] - 1 1201 PaciFIc AVE., STE. 700 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. P. 1.

6 With additional time, this case may be resolved without the need of further judicial intervention. USCIS has scheduled Plaintiff’s asylum interview for June 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 within seven calendar days. 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.

16 Once USCIS adjudicates the application, Plaintiff will voluntarily dismiss this litigation.

17 Accordingly, the parties request this abeyance to allow USCIS to conduct Plaintiff’s asylum interview and then process her asylum application.

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

22 // // // 1 DATED this 1st 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 395 words, in compliance with the Local Civil Rules 13 s/Meena Pallipamu MEENA PALLIPAMU, WSBA #31870 14 Meena Pallipamu Immigration Law PLLC 4444 Woodland Park Ave. N., Ste. 203 15 Seattle, Washington 98103 Phone: 206-419-7332 16 Email: [email protected] Attorney for Plaintiff ] || BROROSER] ORDER 2 The parties having stipulated and agreed, it is hereby so ORDERED. This case shall be ||held in abeyance until October 8, 2025. The parties shall file a stipulated motion for dismissal or 4 joint status report on or before October 8, 2025.

6 DATED this 7th day of April, 2025.

TANAYLIN 9 United States District Judge STIPULATED MOTION FOR ABEYANCE UNITED STATES ATTORNEY [Case No. 2:25-cv-00042-DWC] - 4 1201 PACIFIC AVE., STE. 700