Peresvetova v. Garland

1 District Judge Tana Lin

7 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE OLGA SERGEYEVNA PERESVETOVA, Case No. 2:24-cv-02083-TL Plaintiff, STIPULATED MOTION TO HOLD 11 v. CASE IN ABEYANCE AND [PROPOSED] ORDER PAMELA BONDI, et al., Noted for Consideration: 13 Defendants. May 20, 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 stay these proceedings until November 13, 2025. Plaintiff brought this litigation pursuant to the Administrative Procedure Act and Mandamus Act seeking, inter alia, to compel U.S. Citizenship and Immigration Services (“USCIS”) to adjudicate her asylum application.

20 Defendants’ response to the Complaint is currently due on June 2, 2025. 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 has scheduled Plaintiff’s asylum interview for July 16, 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.

8 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 dismiss the case with each party to bear their own litigation costs and attorneys’ fees. Accordingly, the parties request this abeyance to allow USCIS to conduct Plaintiff’s asylum interview and then process her asylum application.

16 As additional time is necessary for this to occur, the parties request that the Court hold the case in abeyance until November 13, 2025. The parties will submit a status update on or before November 13, 2025.

19 // // // 1 DATED this 20th day of May, 2025.

2 Respectfully submitted, TEAL LUTHY MILLER KESSELMAN LAW FIRM Acting United States Attorney s/ Michelle R. Lambert s/ James Vasquez MICHELLE R. LAMBERT, NYS #4666657 JAMES VASQUEZ, WSBA#34514 Assistant United States Attorney Kesselman Law Firm United States Attorney’s Office 11232 120th Avenue NE, #205 Western District of Washington Kirkland, Washington 98033 1201 Pacific Avenue, Suite 700 Phone: 425-212-1795 Tacoma, Washington 98402 Email: [email protected] Phone: (253) 428-3824 Attorneys for Plaintiff Fax: (253) 428-3826 Email: [email protected] Attorneys for Defendants I certify that this memorandum contains 376 words, in compliance with the Local Civil Rules.

1 {PROPOSED} ORDER 2 The case is held in abeyance until November 13, 2025. The parties shall submit a status |Jupdate on or before November 13, 2025. It is so ORDERED.

5 DATED this 21st day of May, 2025.

8 TANA LIN 9 United States District Judge STIPULATED MOTION FOR ABEYANCE UNITED STATES ATTORNEY [Case No. 2:24-cv-02083-TL] - 4 1201 PACIFIC AVE., STE. 700