Opinion
3:24-cv-05767-BHS
11-08-2024
RAST SERVAN1, et al., Plaintiffs, v. ALEJANDRO MAYORKAS, et al., Defendants.
TESSA M. GORMAN United States Attorney LAW OFFICES OF BART KLEIN MICHELLE R. LAMBERT, NYS #4666657 Assistant United States Attorney United States Attorney's Office Western District of Washington Attorneys for Defendants BART KLEIN, WSBA #10909 Attorney for Plaintiffs
Noted for Consideration: November 7, 2024
TESSA M. GORMAN United States Attorney
LAW OFFICES OF BART KLEIN MICHELLE R. LAMBERT, NYS #4666657 Assistant United States Attorney United States Attorney's Office Western District of Washington Attorneys for Defendants
BART KLEIN, WSBA #10909 Attorney for Plaintiffs
STIPULATED MOTION TO HOLD CASE IN ABEYANCE AND ORDER
BENJAMIN H. SETTLE 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 May 13, 2025. Plaintiffs brought this litigation pursuant to the Administrative Procedure Act and Mandamus Act seeking, inter alia, to compel the U.S. Citizenship and Immigration Services (“USCIS”) adjudicate their Forms I-589, Applications for Asylum and for Withholding of Removal. Defendants' response to the Complaint is currently due on November 25, 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 May 13, 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 Plaintiffs' asylum interview for January 14, 2025. USCIS agrees to diligently work towards completing the adjudications within 120 days of the interviews, absent unforeseen or exceptional circumstances that would require additional time for adjudications. If the adjudications are not completed within that time, USCIS will provide a status report to the Court. Plaintiffs will submit all supplemental documents and evidence, if any, to USCIS seven to ten days prior to the interview date. Plaintiffs recognize that failure to submit documents prior to the interview may require the interview to be rescheduled and the adjudication delayed. If needed, Plaintiffs will bring an interpreter to the interview, otherwise the interview will need to be rescheduled and the adjudication delayed. After the interview, USCIS will need time to adjudicate Plaintiffs' asylum application. Once the application is adjudicated, Plaintiffs 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 Plaintiffs' asylum interview and then process their asylum applications.
As additional time is necessary for this to occur, the parties request that the Court hold the case in abeyance until May 13, 2025. The parties will submit a joint status report on or before May 13, 2025.
Respectfully submitted, I certfy that this memorandum contains 412 words, in compliance with the Local Civil Rules.
ORDER
The case is held in abeyance until May 13, 2025. The parties shall submit a joint status report on or before May 13, 2025. It is so ORDERED.