Opinion
2:24-cv-01216-TL
10-25-2024
MAUREEN ACHIENG ASIMBA, Plaintiff, v. ALEJANDRO MAYORKAS, 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 LAW OFFICES OF CAROL L. EDWARD & ASSOCIATES, P.S. JULIA C. HUNTER, WSBA #56233 Attorney for Plaintiff
Noted for Consideration: October 25, 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
LAW OFFICES OF CAROL L. EDWARD & ASSOCIATES, P.S.
JULIA C. HUNTER, WSBA #56233
Attorney for Plaintiff
STIPULATED MOTION TO HOLD CASE IN ABEYANCE AND [PROPOSED] ORDER
TANA LIN 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 April 18, 2025. 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 adjudicate her asylum application. Defendants' response to the Complaint is currently due on November 18, 2024. The parties are currently working towards a resolution to this litigation. For good cause, the parties request that the Court hold the case in abeyance until April 18, 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 scheduled Plaintiff's asylum interview for December 19, 2024. 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. 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 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 her asylum application.
As additional time is necessary for this to occur, the parties request that the Court hold the case in abeyance until April 18, 2025. The parties will submit a status update on or before April 18, 2025.
Respectfully submitted, I certify that this memorandum contains 391 words, in compliance with the Local Civil Rules.
[PROPOSED] ORDER
The case is held in abeyance until April 18, 2025. The parties shall submit a status update on or before April 18, 2025. It is so ORDERED.