Omer v. Noem

1 District Judge Jamal N. Whitehead

7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE ABRAR OMER, No. 2:25-cv-1222-JNW 10 Plaintiff, STIPULATED MOTION TO HOLD CASE IN ABEYANCE AND ORDER 11 v. Noted for: September 3, 2025 KRISTI NOEM, et al., 13 Defendants.

15 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 January 14, 2026. 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 schedule an interview and adjudicate his asylum application.

20 Defendants’ response to the Complaint is currently due on September 8, 2025. The parties are working towards a resolution to this litigation. For good cause, the parties request that the Court hold the case in abeyance.

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 for further judicial intervention. USCIS has scheduled Plaintiff’s asylum interview for September 16, 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.

8 If the adjudication is not completed within that time, USCIS will provide a status report to the Court.

9 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 before 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 his asylum application.

17 As additional time is necessary for this to occur, the parties request that the Court hold the case in abeyance until January 14, 2026. The parties will submit a status update on or before that day.

20 Dated: September 3, 2025 Respectfully submitted, 21 TEAL LUTHY MILLER Acting United States Attorney s/Annalisa L. Cravens 23 ANNALISA L. CRAVENS Assistant United States Attorney 1 United States Attorney’s Office Stewart Street, Suite 5220 2 Seattle, Washington 98101 Phone: 206-553-2257 3 Email: [email protected] 4 Counsel for Defendants 5 I certify this memorandum contains 388 words, in compliance with the Local Civil 6 Rules.

7 s/ Adam Boyd ADAM BOYD 8 Gibbs Houston Pauw 1000 Second Avenue, Suite 1600 9 Seattle, Washington 98104 Phone: 206-682-1080 10 Email: [email protected] 11 Counsel for Plaintiff

] ORDER The case is held in abeyance until January 14, 2026. The parties shall submit a status update on or before that day. It is so ORDERED.

4 DATED this 5th day of September, 2025.

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