Yakovenko v. Noem

7 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE VOLODYMYR YAKOVENKO, Case No. 2:25-cv-01403-JHC Plaintiff, STIPULATED MOTION TO HOLD 11 v. CASE IN ABEYANCE AND ORDER KRISTI NOEM, et al., Noted for Consideration: September 4, 2025 13 Defendants.

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 February 20, 2026. Plaintiff brought this litigation pursuant to the Administrative Procedure Act and Mandamus Act, inter alia, to compel U.S. Citizenship and Immigration Services (“USCIS”) to adjudicate his asylum application.

Defendants’ response to the Complaint is currently due on October 6, 2025. The parties are currently working towards a resolution to this litigation.

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 October 23, 2025. USCIS agrees to diligently work towards completing the adjudications 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 adjudications delayed. Once the application is adjudicated, Plaintiff will dismiss the case. Accordingly, the parties request this abeyance to allow USCIS to conduct Plaintiff’s asylum interview and then process their asylum application.

15 As additional time is necessary for this to occur, the parties request that the Court hold the case in abeyance until February 20, 2026. The parties will submit a status update on or before February 20, 2026.

18 // // 1 DATED this 4th day of September, 2025.

2 Respectfully submitted, TEAL LUTHY MILLER CRESCENT LAW PLLC Acting United States Attorney s/ James C. Strong s/ Myrna I. Luna JAMES C. STRONG, WSBA No. 59151 MYRNA I. LUNA, WSBA No. 57440 Assistant United States Attorney Crescent Law, PLLC United States Attorney’s Office 4957 Lakemont Blvd., Suite C-4328 Western District of Washington Bellevue, Washington 98006 700 Stewart Street, Suite 5220 Phone: 425-832-2030 Seattle, Washington 98101-1271 Email: [email protected] Phone: 206-553-7970 Fax: 206-553-4067 Email: [email protected] s/ Natalia Rasulova NATALIA RASULOVA, pro hac vice Attorneys for Defendants forthcoming Dreamigration PLLC I certify that this memorandum contains 363 9805 NE 116th St., # 7448 words, in compliance with the Local Civil Rules. Kirkland, Washington 98034 12 Phone: 206-590-1122 Email: [email protected] Attorneys for Plaintiff 1 ORDER 2 The case is held in abeyance until February 20, 2026. The parties shall submit a status |jupdate on or before February 20, 2026. It is so ORDERED.

5 DATED this 4th day of September, 2025.

JO . CHUN 9 United States District Judge 1] STIPLIT ATE) MOTION FOR ARBYANCE & ORDER