Pablo Calmo v. Scott

1 District Judge James L. Robart 7 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE MARIA PABLO CALMO, Case No. 3:25-cv-05359-JLR Plaintiff, STIPULATED MOTION TO HOLD 11 v. CASE IN ABEYANCE AND [PROPOSED] ORDER KIKA SCOTT, et al., Noted for Consideration: 13 Defendants. June 12, 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 hold this case in abeyance until November 26, 2025. Plaintiff 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 her Form I-589, Application for Asylum and for Withholding of Removal. Defendants’ response to the Complaint is currently due on July 1, 2025. The parties are currently working towards a resolution to this litigation.

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. USCIS has scheduled Plaintiff’s asylum interview for July 29, 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. If USCIS needs to reschedule Plaintiff’s interview, USCIS will do its best to reschedule within four weeks of the canceled appointment. After the interview, USCIS will need time to adjudicate Plaintiff’s asylum application. 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.

20 As additional time is necessary for this to occur, the parties request that the Court hold the case in abeyance until November 26, 2025. The parties will submit a joint status report on or before November 26, 2025.

23 // // 1 DATED this 12th day of June, 2025.

2 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 Western District of Washington 7 1201 Pacific Avenue, Suite 700 Tacoma, Washington 98402 8 Phone: 253-428-3800 Fax: 253-428-3826 9 Email: [email protected] 10 Attorneys for Defendants 11 I certify that this memorandum contains 420 words, in compliance with the Local Civil Rules.

13 s/ Jessica T. Arena JESSICA T. ARENA, PHV 14 Law Office of Jessica T. Arena 2443 Fillmore Street, #380-1614 15 San Francisco, California 94115 Phone: 541-525-3341 16 Email: [email protected] s/ Adam Boyd 18 ADAM BOYD, WSBA# 49849 Gibbs Houston Pauw 19 1000 Second Avenue, Suite 1600 Seattle, Washington 98104-1003 20 Phone: 206-682-1080 Email: [email protected] 21 Attorneys for Plaintiff 1 [PROPOSED] ORDER 2 The case is held in abeyance until November 26, 2025. The parties shall submit a joint status report on or before November 26, 2025. It is so ORDERED.

5 DATED this 23rd day of June, 2025.

A 7 _______________________________ JAMES L. ROBART 8 United States District Judge