Martinez v. Jaddou

1 District Judge Thomas S. Zilly

7 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE JAVIER MARTINEZ, Case No. 2:24-cv-01960-TSZ-BAT Petitioner, STIPULATED MOTION TO HOLD 11 v. CASE IN ABEYANCE AND ORDER GRANTING MOTION KIKA SCOTT, et al.,1 13 Respondents.

15 Petitioner and Federal Respondents,2 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 May 15, 2025. Petitioner brought this litigation pursuant to the Mandamus Act, and the Administrative Procedure Act seeking, inter alia, to compel the U.S. Citizenship and Immigration Services (“USCIS”) to adjudicate his Form I-918, Petition for U Nonimmigrant Status. Petitioner further seeks habeas review pursuant to 28 U.S.C. § 2241, alleging that his prolonged immigration detention violates due process. This case is stayed through April 15, 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. Higgins.

24 2 Respondent Bruce Scott is not a Federal Respondent.

1 2025. Dkt. No. 7. For good cause, the parties request that the Court hold the case in abeyance until May 15, 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 in its entirety without the need of further judicial intervention, or the claims may be narrowed. On April 8, 2025, USCIS adjudicated Petitioner’s Form I-918. Federal Respondents’ position is that all claims concerning the Form I- 918 are now moot. Petitioner’s counsel needs time to discuss this recent development with Petitioner.

12 As additional time is necessary for this to occur, the parties request that the Court hold the case in abeyance until May 15, 2025. The parties will submit a joint status report on or before May 15, 2025.

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23 / / / 1 DATED this 9th day of April, 2025.

Respectfully submitted,

TEAL LUTHY MILLER GIBBS HOUSTON PAUW Acting United States Attorney

s/ Michelle R. Lambert s/ Robert Pauw MICHELLE R. LAMBERT, NYS #4666657 ROBERT PAUW, WSBA# 13613 Assistant United States Attorney Gibbs Houston Pauw United States Attorney’s Office 1000 Second Avenue, Suite 1600 Western District of Washington Seattle, Washington 98104 1201 Pacific Avenue, Suite 700 Phone: 206-682-1080 Tacoma, Washington 98402 Email: [email protected] Phone: (253) 428-3824 Attorneys for Petitioner Fax: (253) 428-3826 Email: [email protected] Attorneys for Federal Respondents I certify that this memorandum contains 290 words, in compliance with the Local Civil Rules.

1 ORDER 2 The case is held in abeyance until May 15, 2025. The parties shall submit a joint status report on or before May 15, 2025. It is so ORDERED.

5 DATED this 11th of April, 2025.

A

8 Thomas S. Zilly United States District Judge