Lazcano v. Miller

Full title: ABEL LAZCANO, et al., Plaintiffs, v. LOREN K. MILLER, et al., Defendants.

Court: United States District Court, Western District of Washington

Date published: Feb 28, 2023

2:22-cv-1776RSL (W.D. Wash. Feb. 28, 2023)

Opinion

2:22-cv-1776RSL

02-28-2023

ABEL LAZCANO, et al., Plaintiffs, v. LOREN K. MILLER, et al., Defendants.

NICHOLAS W. BROWN United States Attorney MICHELLE R. LAMBERT, Assistant United States Attorney Attorneys for Defendants CLAYTON COOK-MOWERY, Quiroga Law Office, PLLC Attorneys for Plaintiffs

Robert S. Lasnik, United States District Judge

NICHOLAS W. BROWN United States Attorney

MICHELLE R. LAMBERT, Assistant United States Attorney Attorneys for Defendants

CLAYTON COOK-MOWERY, Quiroga Law Office, PLLC Attorneys for Plaintiffs

STIPULATED MOTION TO HOLD CASE IN ABEYANCE AND ORDER

Robert S. Lasnik, United States District Judge

Plaintiffs brought this litigation pursuant to the Administrative Procedure Act seeking, inter alia, to compel the U.S. Citizenship and Immigration Services (“USCIS”) to complete the processing of Plaintiffs' Form I-601A, Application for Provisional Unlawful Presence Waiver, and thereafter for the State Department to schedule a DS-260 immigrant visa interview at the U.S. Consulate in Ciudad Juarez, Mexico. Defendants have not yet responded to the complaint. For good cause, the parties request that the case be held in abeyance until April 28, 2023.

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.

USCIS issued a Request for Evidence (“RFE”) on January 11, 2023. Plaintiffs responded to the RFE earlier this month. Prior to adjudication, USCIS must review and consider the RFE response. The State Department cannot schedule an interview until the I-601A has been adjudicated. As additional time is necessary for this to occur, the parties request that the Court hold the case in abeyance until April 28, 2023. The parties will submit a joint status report on or before April 28, 2023.

ORDER

The case is held in abeyance until April 28, 2023. The parties shall submit a joint status report on or before April 28, 2023. It is so ORDERED.