Opinion
2:23-cv-1536-JLR
12-21-2023
YIJIN MO RATKOWSKI, et al., Plaintiffs, v. ALEJANDRO N. MAYORKAS, et al., Defendants.
TESSA M. GORMAN, United States Attorney. MICHELLE R. LAMBERT, NYS #4666657 Assistant United States Attorney United States Attorney's Office, Attorneys for Defendants. GREGORY HORTMAN MCLAWSEN WSBA#41870, Sound Immigration, NICO RATKOWSKI* Ratkowski Law PLLC, *PHV Attorneys for Plaintiffs.
TESSA M. GORMAN, United States Attorney.
MICHELLE R. LAMBERT, NYS #4666657 Assistant United States Attorney United States Attorney's Office, Attorneys for Defendants.
GREGORY HORTMAN MCLAWSEN WSBA#41870, Sound Immigration, NICO RATKOWSKI* Ratkowski Law PLLC, *PHV Attorneys for Plaintiffs.
STIPULATED MOTION TO HOLD CASE IN ABEYANCE AND [PROPOSED] ORDER
JAMES L. ROBART, United States District Judge.
Plaintiffs 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 16, 2024. Plaintiffs bring this case pursuant to the Administrative Procedure Act and Mandamus Act seeking an order compelling U.S. Citizenship and Immigration Services (“USCIS”) to complete processing of their Form 1-130, Petition for Alien Relative. However, there is good cause to continue to hold this case in abeyance.
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, or the issues narrowed. USCIS has issued a Notice of Intent to Deny (“NOID”) Plaintiff's Form 1-130. Plaintiff has until March 16, 2024, to respond to the NOID. USCIS anticipates that it will need 60 days from receipt of the NOID response for further review and processing. As it is likely that Plaintiff will respond to the NOID prior to the deadline, the parties cannot presently calculate when this 60-day period will commence. The parties request that this case be stayed until March 16, 2024. At that time, the parties will submit a status report concerning when the NOID has been responded to and, if the 60-day period has not ended, the time needed for USCIS to finishing processing Plaintiffs Form 1-130.
Accordingly, the parties request this Court continue to hold the case in abeyance until March 16, 2024. The parties will submit a joint status report on or before March 16, 2024.
I certify that this memorandum contains 315 words, in compliance with the Local Civil Rules.
[PROPOSED] ORDER
The case is held in abeyance until March 16, 2024. The parties shall submit a joint status report on or before March 16, 2024.
It is so ORDERED.