Opinion
2:24-cv-01208-JNW
10-01-2024
C.K., Plaintiff, v. ALEJANDRO MAYORKAS, et al., Defendants.
TESSA M. GORMAN United States Attorney, MICHELLE R. LAMBERT, NYS #4666657 Assistant United States Attorney, Attorneys for Defendants BECKNER IMMIGRATION LAW, PLLC, KELSEY ELIZABETH BECKNER, Attorney for Plaintiff
Noted for Consideration: September 30, 2024
TESSA M. GORMAN United States Attorney, MICHELLE R. LAMBERT, NYS #4666657 Assistant United States Attorney, Attorneys for Defendants
BECKNER IMMIGRATION LAW, PLLC, KELSEY ELIZABETH BECKNER, Attorney for Plaintiff
STIPULATED MOTION TO HOLD CASE IN ABEYANCE AND 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 March 20, 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 schedule an interview and adjudicate her asylum application. Defendants' response to the Complaint is currently due on October 11, 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 March 20, 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 November 20, 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 March 20, 2025. The parties will submit a status update on or before March 20, 2025.
I certify that this memorandum contains 395 words, in compliance with the Local Civil Rules.
ORDER
The case is held in abeyance until March 20, 2025. The parties shall submit a joint status report on or before March 20, 2025. It is so ORDERED.