Payappilly v. Garland

1 Mewinteete duces Gerdy 5 Leepeld 7 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE RANA VARGHESE PAYAPPILLY, et al, Case No. 2:25-cv-00230-GJL TL Plaintiffs, STIPULATED MOTION TO HOLD 11 V. CASE IN ABEYANCE AND fPROPOSEDJ-ORDER || PAMELA BONDI, ef al.,' Noted for Consideration: 13 Defendants. May 2, 2025 15 For good cause, 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 20, 2025. Plaintiffs brought 18 litigation pursuant to the Administrative Procedure Act and Mandamus Act seeking, iter 19 to compel USCIS to adjudicate their Form 1-130, Petition for Alien Relative. Defendants’ ||response to the Complaint is currently due on May 2, 2025. The parties are currently working ||towards a resolution to this litigation.

23 ||) Pursuant to Federal Rule of Civil Procedure 25(d), Defendants substitute Attorney General Pamela Bondi for Merrick B. Garland, Department of Homeland Security Secretary Kristi Noem for Alejandro Mayorkas, and U.S. Citizenship and Immigration Services (“USCIS”) Senior Official Perfonning the Duties of the Director Kika Scott for Ur M. Jaddou.

STIPULATED MOTION FOR ABEYANCE UNITED STATES ATTORNEY [Case No. 2:25-cv-00230-GH TL] - 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 alsoFed. R. Civ. P. 1.

5 With additional time, this case may be resolved without the need of further judicial intervention. USCIS issued a Request for Evidence (“RFE”) to Plaintiffs concerning the Form I- 130 at issue here. The deadline for USCIS to receive Plaintiffs’ RFE response is June 20, 2025.

8 USCIS cannot continue processing the Form I-130 until it receives and has time to review Plaintiffs’ RFE response. Once processing is completed, the parties agree that this mandamus case will be moot.

11 As additional time is necessary for this to occur, the parties request that the Court hold the case in abeyance until August 20, 2025. The parties will submit a status update on or before August 20, 2025.

14 DATEDthis 2ndday of May,2025.

Respectfully submitted, GILLIN LAW GROUP, PLLC TEAL LUTHY MILLER Acting United States Attorney s/ Michelle R. Lambert s/ Brandon S. Gillin MICHELLE R. LAMBERT, NYS #4666657 BRANDON S. GILLIN, WSBA#44761 Assistant United States Attorney Gillin Law Group, PLLC United States Attorney’s Office 19910 50th Avenue W, Ste. 205 Western District of Washington Lynwood, Washington 98036 1201 Pacific Avenue, Suite 700 Phone: 425-947-1130 Tacoma, Washington 98402 Email: [email protected] Phone: (206) 553-7970 Attorneys for Plaintiffs Fax: (206) 553-4067 Email: [email protected] Attorneys for Defendants I certify that this memorandum contains 274 words, in compliance with the Local Civil Rules. l fPROPOSED} ORDER The case is held in abeyance until August 20, 2025. The parties shall submit a status ||update on or before August 20, 2025. It is so ORDERED.

5 DATED this 6th day of May 2025.

“ Vy BO 7 Wan ZO TANA LIN 8 United States District Judge STIPULATED MOTION FOR ABEYANCE UNITED STATES ATTORNEY [Case No. 2:25-cv-00230-GJL TL] - 3 1201 PACIFIC AVE., STE. 700