Cervania v. United States Citizenship and Immigration Services

1 Chief 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., July 18, 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 continue to stay these proceedings until October 17, 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. This case is currently stayed through August 2, 2025. Dkt. No.8. 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 issued a Notice of Intention to Revoke (“NOIR”) the approval of Plaintiff’s Form I-360. Plaintiff has until August 17, 2025, to respond to the NOIR. The parties request the stay to be continued to allow time for Plaintiff to submit the response, USCIS’s review of the response, and then continue with the adjudication of Plaintiff’s Form I-485. Once the application is adjudicated, Plaintiff will voluntarily dismiss the case.

9 As additional time is necessary for this to occur, the parties request that the Court hold the case in abeyance until October 17, 2025. The parties will submit a joint status report on or before October 17, 2025.

12 // // // // // // // 1 DATED this 18th day of July, 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: 253-428-3824 Fax: 253-428-3826 9 Email: [email protected] 10 Attorneys for Defendants 11 I certify that this memorandum contains words, in compliance with the Local 12 Civil Rules.

14 See PDF for Signature ALVIN CERVANIA 15 4935 Switchback Loop SE Lacey, Washington 98513 16 Email: [email protected] Pro Se Plaintiff 1 ORDER 2 The case is held in abeyance until October 17, 2025. The parties shall submit a joint status report on or before October 17, 2025. The Clerk shall calendar this event. It is so ORDERED.

6 DATED this 18th day of July, 2025. a DAVID G. ESTUDILLO 10 United States Chief District Judge 1 CERTIFICATE OF SERVICE 2 I hereby certify that I am an employee in the Office of the United States Attorney for the Western District of Washington and of such age and discretion as to be competent to serve papers.

5 I further certify on today’s date, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system, which will send notice of such filing to the following CM/ECF participant(s): 8 - 0 - 9 I further certify on today’s date, I arranged for service of the foregoing on the following non-CM/ECF participant(s), via Certified Mail with return receipt, postage prepaid, addressed as follows: 12 Alvin Baluyot Cervania¸ Pro Se Plaintiff 4935 Switchback Loop Se 13 Lacey, WA 98513 14 DATED this 18th day of July, 2025.

15 s/ Stephanie Huerta-Ramirez STEPHANIE HUERTA-RAMIREZ, Legal Assistant 16 United States Attorney’s Office Western District of Washington 17 700 Stewart Street, Suite 5220 Seattle, WA 98101 18 Phone: (206) 553-7970 Fax: (206) 553-4073 19 Email: [email protected]