Cervania v. United States Citizenship and Immigration Services

1 District Judge David G. Estudillo

7 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 8 AT TACOMA ALVIN BALUYOT CERVANIA, Case No. 3:25-cv-05284-DGE Plaintiff, STIPULATED MOTION TO HOLD 11 v. CASE IN ABEYANCE AND ORDER UNITED STATES CITIZENSHIP AND Noted for Consideration: IMMIGRATION SERVICES, et al., May 27, 2025 Defendants.

15 For good cause, Plaintiff and Defendants, 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 2, 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 his Form I-485, Application to Register Permanent Residence or Adjust Status. Defendants’ response to the Complaint is currently due on June 9, 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 follow-up interview for June 3, 2025. USCIS agrees to diligently work towards completing the adjudication within 60 days of the interview. Once the application is adjudicated, Plaintiff will voluntarily dismiss the case. Accordingly, the parties request this abeyance to allow USCIS to conduct Plaintiff’s interview and then process his Form I-485.

9 As additional time is necessary for this to occur, the parties request that the Court hold the case in abeyance until August 2, 2025. The parties will submit a joint status report on or before August 2, 2025.

12 DATED this 28th day of May, 2025.

13 Respectfully submitted, 14 TEAL LUTHY MILLER Acting United States Attorney s/ Michelle R. Lambert 16 MICHELLE R. LAMBERT, NYS #4666657 Assistant United States Attorney 17 United States Attorney’s Office Western District of Washington 18 1201 Pacific Avenue, Suite 700 Tacoma, Washington 98402 19 Phone: 253-428-3800 Fax: 253-428-3826 20 Email: [email protected] 21 Attorneys for Defendants 22 I certify that this memorandum contains 271 words, in compliance with the Local Civil Rules.

s/ Alvin Cervania 2 ALVIN CERVANIA 4935 Switchback Loop SE 3 Lacey, Washington 98513 Email: [email protected] 4 Pro Se Plaintiff 1 ORDER 2 The case is held in abeyance until August 2, 2025. The parties shall submit a joint status report on or before August 2, 2025. It is so ORDERED.

4 The Clerk is directed to calendar this event.

5 DATED this 28th day of May, 2025. a 8 __ _____ DAVID G. ESTUDILLO 9 United States Chief District Judge