Opinion
2:23-cv-01811-BJR
04-18-2024
RAMIN FARAJI, et al., Plaintiffs, v. ALEJANDRO MAYORKAS, et al., Defendants.
TESSA M. GORMAN TESSA M. GORMAN United States Attorney MICHELLE R. LAMBERT, NYS #4666657 Assistant United States Attorney United States Attorney's Office Western District of Washington Attorneys for Defendants DGO LEGAL TESS DOUGLAS, WSBA# 58807 Attorney for Plaintiffs
TESSA M. GORMAN TESSA M. GORMAN United States Attorney
MICHELLE R. LAMBERT, NYS #4666657 Assistant United States Attorney United States Attorney's Office Western District of Washington Attorneys for Defendants
DGO LEGAL TESS DOUGLAS, WSBA# 58807 Attorney for Plaintiffs
STIPULATED MOTION TO HOLD CASE IN ABEYANCE AND ORDER
Barbara Jacobs Rothstein, U.S. District Court Judge
Plaintiffs 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 continue to stay these proceedings through July 22, 2024. Plaintiffs bring this litigation pursuant to the Administrative Procedure Act and the Mandamus Act seeking, inter alia, to compel the U.S. Citizenship and Immigration Services (“USCIS”) to adjudicate Plaintiff Miyake-Faraji's Form I-130, Petition for Alien Relative, and Form I-485, Application to Register Permanent Residence or Adjust Status. The case is currently stayed through April 22, 2024. Dkt. No. 10. For good cause, the parties request that the Court continue to hold this case in abeyance through July 22, 2024.
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.
With additional time, this case will likely be resolved without the need of further judicial intervention. USCIS has approved Plaintiff's Form I-130. USCIS has scheduled Plaintiff's Form I-485 interview for April 23, 2024. After the interview, USCIS will need additional time to act on the Form I-485. Once USCIS issues a decision on the application, this litigation will likely be moot.
Accordingly, the parties respectfully request that the instant action continue to be stayed until July 22, 2024. The parties will submit a joint status report on or before July 22, 2024.
I certify that this memorandum contains 280 words, in compliance with the Local Civil Rules.
ORDER
The case is held in abeyance until July 22, 2024. The parties shall submit a joint status report on or before July 22, 2024. It is so ORDERED.