Opinion
2:24-cv-00078-RSM
03-07-2024
YU MIAO, 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 Attorneys for Defendants
Noted for Consideration: March 7, 2024
TESSA M. GORMAN
United States Attorney
MICHELLE R. LAMBERT, NYS #4666657
Assistant United States Attorney
United States Attorney's Office
Attorneys for Defendants
STIPULATED MOTION TO HOLD
CASE IN ABEYANCE AND ORDER
RICARDO S. MARTINEZ, UNITED STATES DISTRICT JUDGE.
Pro Se Plaintiff brought this litigation seeking an order from this Court compelling the U.S. Citizenship and Immigration Services (“USCIS”) to schedule his interview in connection with his Form I-589, Application for Asylum and for Withholding of Removal. 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 September 11, 2024.
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 May 14, 2024. Plaintiff agrees to 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. USCIS agrees to work diligently towards completing the adjudication within 120 days after the interview, absent unforeseen or exceptional circumstances that would require additional time for adjudication. If Plaintiff's asylum application is not adjudicated within that time, USCIS will submit a status report to this Court. 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 his asylum application.
As additional time is necessary for this to occur, the parties request that the Court hold the case in abeyance until September 11, 2024. The parties will submit a joint status report on or before September 11, 2024.
ORDER
The case is held in abeyance until September 11, 2024. The parties shall submit a joint status report on or before September 11, 2024. It is so ORDERED.