Opinion
2:23-cv-551
06-23-2023
ROAH D. GESSESS and RAHEL TEFERI, Plaintiffs, v. ALEJANDRO MAYORKAS, Secretary, Department of Homeland Security, UR JADDOU, Director, United States Citizenship and Immigration Services, JOHN M. ALLEN, Director Texas Service Center, United States Citizenship and Immigration Services, ANTONY J. BLINKEN, United States Secretary of State, RINA BITTER, United States Assistant Secretary of State, Consular Affairs, ANA ESCROGIMA, Consulate General, United States Consulate, Montreal, Canada United States Department of State, PHILLIP SLATTERY, Director of the National Visa Center, United States Department of State, DEPARTMENT OF HOMELAND SECURITY, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, and UNITED STATES DEPARTMENT OF STATE, Defendants.
NICHOLAS W. BROWN United States Attorney MICHELLE R. LAMBERT, Assistant United States Attorney United States Attorney's Office
NICHOLAS W. BROWN United States Attorney
MICHELLE R. LAMBERT, Assistant United States Attorney United States Attorney's Office
STIPULATED MOTION TO HOLD CASE IN ABEYANCE AND ORDER
Jamal N. Whitehead 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 adjudicate Plaintiffs' Form I-130, Petition for Alien Relative, and, if approved, to compel USCIS to transmit the decision to the Department of State's National Visa Center. Defendants have not yet responded to the complaint. For good cause, the parties request that the case be held in abeyance until August 29, 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.
On May 10, 2023, USCIS issued a Notice of Intent to Deny (“NOID”) Plaintiffs' Form I-130. They have until August 7, 2023, to respond to the NOID. If Plaintiffs respond to the NOID, USCIS will need to review the response and then continue processing.
As additional time is necessary for this to occur, the parties request that the Court hold the case in abeyance until August 29, 2023. The parties will submit a joint status report on or before August 29, 2023.
ORDER
The case is held in abeyance until August 29, 2023. The parties shall submit a joint status report on or before August 29, 2023. It is so ORDERED.