Musah v. Weeks

1 District Judge Tana Lin

7 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE ARAFAT MUSAH, Case No. 2:25-cv-00113-TL Plaintiff, STIPULATED MOTION TO HOLD 11 v. CASE IN ABEYANCE AND [PROPOSED] ORDER JONATHAN WEEKS, et al., Noted for Consideration: 13 Defendants. April 29, 2025 15 For good cause, 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 hold this case in abeyance until July 30, 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”) to schedule a naturalization interview and adjudicate his N-400, Application for Naturalization. This case is currently stayed through April 30, 2025. Dkt. No. 7. The parties are currently working towards a resolution to this litigation.

22 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. 2 P. 1.

3 With additional time, this case may be resolved without the need of further judicial intervention. USCIS conducted Plaintiff’s naturalization interview on April 23, 2025. Plaintiff did not pass the English writing component of the naturalization examination. As a result, USCIS will schedule a second interview within the next 60 days from the date of the interview. 8 C.F.R. § 335.3(b). The parties agree that once the re-examination is conducted that Plaintiff will dismiss this case without prejudice. Accordingly, the parties request this abeyance to allow USCIS to comply with the regulatory requirements for the scheduling of the re-examination.

10 As additional time is necessary for this to occur, the parties request that the Court hold the case in abeyance until July 30, 2025. The parties will submit a joint status report on or before July 30, 2025.

13 // // // // // // // // // // // DATED this 29th day of April, 2025.

1 Respectfully submitted, TEAL LUTHY MILLER MEENA PALLIPAMU IMMIGRATION Acting United States Attorney LAW, PLLC s/ Michelle R. Lambert s/ Meena Pallipamu MICHELLE R. LAMBERT, NYS #4666657 MEENA PALLIPAMU, WSBA #31870 Assistant United States Attorney Meena Pallipamu Immigration Law PLLC United States Attorney’s Office 4444 Woodland Park Ave. N., Ste. 203 Western District of Washington Seattle, Washington 98103 1201 Pacific Avenue, Suite 700 Phone: (206) 419-7332 Tacoma, Washington 98402 Email: [email protected] Phone: (206) 553-7970 Fax: (206) 553-4067 Attorney for Plaintiff Email: [email protected] Attorneys for Defendants I certify that this memorandum contains 308 words, in compliance with the Local Civil Rules.

1 {PROPOSED} ORDER 2 The parties having stipulated and agreed, it is hereby so ORDERED. This case shall be || held in abeyance until July 30, 2025. The parties shall file a stipulated motion for dismissal or ajoint status report on or before July 30, 2025.

6 DATED this 29th day of April, 2025. a 2 TANA LIN 9 United States District Judge STIPULATED MOTION TO HOLD CASE IN ABEYANCE AND UNITED STATES ATTORNEY fPROPOSED} ORDER 1201 PActFIC AVE., STE. 700