Opinion
3:24-cv-05584-JNW
09-25-2024
HERIBERTO SANCHEZ ACOSTA, Plaintiff, v. UR MENDOZA JADDOU, et al., Defendants.
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 RICH IMMIGRATION PC KATHERINE H. RICH, WSBA #46881 Attorney for Plaintiff
Noted for Consideration: September 24, 2024
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
RICH IMMIGRATION PC KATHERINE H. RICH, WSBA #46881 Attorney for Plaintiff
STIPULATED MOTION TO HOLD CASE IN ABEYANCE AND [PROPOSED] ORDER
JAMAL N. WHITEHEAD UNITED STATES DISTRICT JUDGE
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 27, 2025. Plaintiff brings this litigation pursuant to the Administrative Procedure Act and Mandamus Act seeking, inter alia, to compel the U.S. Citizenship and Immigration Services (“USCIS”) to compel action on his Form I-918, Application for U Nonimmigrant Status, and Form I-765, Application for Employment Authorization. For good cause, the parties request that the Court hold this case in abeyance until January 27, 2025.
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 may be resolved without the need of further judicial intervention. USCIS has issued a Request for Evidence (“RFE”) to Plaintiff concerning the applications. Plaintiff has until December 19, 2024, to respond to the RFE. USCIS must receive and review this response before continuing with the processing of his applications. Accordingly, the parties respectfully request that the instant action be stayed until January 27, 2025. The parties will submit a joint status report on or before January 27, 2025.
I certify that this memorandum contains 252 words, in compliance with the Local Civil Rules.
[PROPOSED] ORDER
The stipulated motion, Dkt. No. 6, is GRANTED. This case is held in abeyance until January 27, 2025. The parties shall submit a joint status report on or before January 27, 2025. It is so ORDERED.