Tsetnar v. United States Citizenship and Immigration Services

1 District Judge Jamal N. Whitehead 7 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE OLEG TSETNAR, Case No. 2:25-cv-00234-JNW Plaintiff, STIPULATED MOTION TO HOLD 11 v. CASE IN ABEYANCE AND ORDER UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, Noted for Consideration: 13 May 12, 2025 Defendant.

15 For good cause, Plaintiff and Defendant, 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 November 6, 2025. Plaintiff brought this litigation pursuant to the Mandamus Act seeking to compel U.S. Citizenship and Immigration Services (“USCIS”) to adjudicate his asylum application. Defendants’ response to the Complaint is currently due on June 30, 2025.

20 The parties are currently working towards a resolution to this litigation.

21 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.

3 With additional time, this case may be resolved without the need of further judicial intervention. USCIS has scheduled Plaintiff’s asylum interview for July 9, 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. 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. Once the application is adjudicated, Plaintiff will voluntarily dismiss the case. Accordingly, the parties request this abeyance to allow USCIS to conduct Plaintiff’s asylum interview and then process his asylum application.

15 As additional time is necessary for this to occur, the parties request that the Court hold the case in abeyance until November 6, 2025. The parties will submit a status update on or before November 6, 2025.

18 // // // // // // // || Dated: January 27, 2025 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 1201 Pacific Avenue, Suite 700 7 Tacoma, Washington 98402 Phone: 253-428-3824 8 Email: [email protected] Attorneys for Defendants I certify that this memorandum contains 359 words, in 10 compliance with the Local Civil Rules.

3 LE LE 0 LUBE 12 OLEG TSETNAR 1652 25™ Place NE #302 13 Issaquah, Washington 98029 Phone: 314-662-4773 14 Email: [email protected] Pro Se Plaintiff STIPULATED MOTION FOR ABEYANCE -3 UNITED STATES ATTORNEY No. 2:25-cev-234-JN W ANN STEWART STRERT SITTER 4990 1 ORDER 2 The case is held in abeyance until November 6, 2025. The parties shall submit a status ||update on or before November 6, 2025. It is so ORDERED.

5 DATED this 14th day of May, 2025. g 7 MAL N. WHITEHEAD United States District Judge STIPULATED MOTION TO HOLD CASE IN ABEYANCE UNITED STATES ATTORNEY [Case No. 2:25-cv-00234-JNW] - 4 1201 PACIFIC AVE., STE. 700 1 CERTIFICATE OF SERVICE 2 I hereby certify that I am an employee in the Office of the United States Attorney for the Western District of Washington and of such age and discretion as to be competent to serve papers.

5 I further certify on today’s date, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system, which will send notice of such filing to the following CM/ECF participant(s): 8 -0 - 9 I further certify on today’s date, I arranged for service of the foregoing on the following non-CM/ECF participant(s), via Certified Mail with return receipt, postage prepaid, addressed as follows: 12 Oleg Tsetnar¸ Pro Se Plaintiff 1652 25th Pl NE Unit 302 13 Issaquah, WA 98029 14 DATED this 12th day of May, 2025.

15 s/ Stephanie Huerta-Ramirez STEPHANIE HUERTA-RAMIREZ, Legal Assistant 16 United States Attorney’s Office Western District of Washington 17 700 Stewart Street, Suite 5220 Seattle, WA 98101 18 Phone: (206) 553-7970 Fax: (206) 553-4073 19 Email: [email protected]