Insha v. Weeks

1 The Honorable Marsha J. Pechman

7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE INSHA, et al., No. 2:25-cv-483-MJP 10 Plaintiffs, STIPULATED MOTION TO HOLD CASE IN ABEYANCE AND 11 v. [PROPOSED] ORDER WEEKS, et al., Noted for: May 12, 2025 13 Defendants.

15 Plaintiffs and Defendants, by and through their counsel of record, pursuant to Federal Rule of Civil Procedure 7 and Local Rules 7(d)(1) and 10(g), hereby jointly stipulate and move to stay these proceedings until September 1, 2025. Plaintiffs 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 their Forms I-485, Applications to Register Permanent Residence or Adjust Status. Defendants’ response to the Complaint is currently due on on May 23, 2025. The parties are currently working towards a resolution to this litigation. For good cause, the parties request that the Court hold the case in abeyance until September 1, 2025.

23 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.

4 With additional time, this case may be resolved without the need of further judicial intervention. This case involves two separate Form I-485 applications for Plaintiff Fnu Insha and Plaintiff Avam Arora. USCIS granted Plaintiff Insha’s I-485 application for permanent residency on May 6, 2025. USCIS issued a request for evidence (“RFE”) to Plaintiff Arora, with a response due by August 1, 2025. Additional time is necessary to allow Plaintiff Arora to submit the response and then for USCIS to review the response and adjudicate the application. Once USCIS has adjudicated Plaintiff Arora’s application, claims for both Plaintiffs will be moot.

11 Accordingly, the parties request that the Court hold the case in abeyance until September 1, 2025. The parties will submit a joint status report on or before September 1, 2025.

13 Dated: May 12, 2025 14 Respectfully submitted, 15 TEAL LUTHY MILLER Acting United States Attorney s/Susan Kas 17 SUSAN KAS, WSBA #36592 Assistant United States Attorney 18 United States Attorney’s Office Stewart Street, Suite 5220 19 Seattle, Washington 98101 Phone: 206-553-4063 20 Email: [email protected] 21 s/Michelle R. Lambert MICHELLE R. LAMBERT, NYS #4666657 22 Assistant United States Attorney United States Attorney’s Office 23 1201 Pacific Avenue, Suite 700 Tacoma, Washington 98402 1 Phone: 253-428-3824 Email: [email protected] 2 Attorneys for Defendants 3 I certify that this memorandum contains 315 words, in compliance with the Local Civil Rules. s/ Aimei Xi 5 AIMEI XI, WSBA# 48639 Bright Law Firm PLLC 6 14205 SE 36th St. Suite 100 Bellevue, WA 98006 7 Phone: 425-209-0126 Email: [email protected] 8 Attorney for Plaintiffs

1 [PROPOSED] ORDER The case is held in abeyance until August 1, 2025. The parties shall submit a status update on or before August 1, 2025. It is so ORDERED.

4 PRESENTED BY: s/Susan Kas SUSAN KAS, WSBA #36592 Assistant United States Attorney United States Attorney’s Office s/ Aimei Xi AIMEI XI, WSBA# 48639 Bright Law Firm PLLC

DATED this 20th day of May, 2025.

A Marsha J. Pechman 16 United States District Judge