E.N.M. v. Noem

7 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE E.N.M., Case No. 2:25-cv-00912-JHC Plaintiff, STIPULATED MOTION TO HOLD 11 v. CASE IN ABEYANCE AND ORDER KRISTI NOEM, et al.,1 Noted for Consideration: July 18, 2025 13 Defendants.

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 December 4, 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 Form I- 589, Application for Asylum and for Withholding of Removal. Defendants’ response to the Complaint is currently due on July 22, 2025. The parties are currently working towards a resolution to this litigation.

1 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. 5 P. 1.

6 With additional time, this case may be resolved without the need of further judicial intervention. USCIS has scheduled Plaintiff’s asylum interview for August 6, 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 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.

19 As additional time is necessary for this to occur, the parties request that the Court hold the case in abeyance until December 4, 2025. The parties will submit a status update on or before December 4, 2025.

22 // // // 1 DATED this 18th day of July, 2025.

2 Respectfully submitted, TEAL LUTHY MILLER HEADINGS IMMIGRATION LAW, PLLC Acting United States Attorney s/ Kayla C. Stahman s/ Emily Headings KAYLA C. STAHMAN, CA #228931 EMILY HEADINGS WSBA #33106 Assistant United States Attorney Headings Immigration Law, PLLC United States Attorney’s Office 4444 Woodland Park Ave. N, B101 Stewart Street, Suite 5220 Seattle, Washington 98103 Seattle, Washington 98101-1271 Phone: 206-637-8398 Phone: 206-553-7970 Email: [email protected] Fax: 206-553-4067 Attorney for Plaintiff Email: [email protected] Attorneys for Defendants I certify that this memorandum contains 384 words, in compliance with the Local Civil Rules.

1 ORDER 2 The case is held in abeyance until December 4, 2025. The parties shall submit a status ||update on or before December 4, 2025. It is so ORDERED.

4 DATED this 18th day of July, 2025.

6 fhe HM Ohne JOHN’H. CHUN 7 United States District Judge 1]