Poozesh et al vs Pompeo et al

Filing 91

JOINT STATUS REPORT. ORDER for parties to file further status report by 3/5/2021 signed by District Judge Dale A. Drozd on 2/16/2021. (Lundstrom, T)

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1 MCGREGOR W. SCOTT United States Attorney 2 AUDREY B. HEMESATH Assistant United States Attorney 3 501 I Street, Suite 10-100 Sacramento, CA 95814 4 Telephone: (916) 554-2700 Facsimile: (916) 554-2900 5 Attorneys for Defendants 6 CURTIS LEE MORRISON (SBN 321106) 7 The Law Office of Rafael Ureña 925 N. La Brea, 4th Floor 8 Los Angeles, California 90038 9 Office: (703) 989-4424 Email: curtis@curtismorrisonlaw.com 10 Attorney for Plaintiffs 11 IN THE UNITED STATES DISTRICT COURT 12 EASTERN DISTRICT OF CALIFORNIA 13 14 SEYED AMIN SAM MOTAGHEDI, 15 Plaintiff, 16 17 18 CASE NO. 1:19-CV-1466 NONE SKO JOINT STATUS REPORT v. ANTONY BLINKEN, et al., Defendants. 19 20 Plaintiffs state that they brought this action under the Administrative Procedure Act and the 21 Mandamus Act seeking to enjoin the Department of State from usurping consular officer authority and 22 discretion to adjudicate plaintiffs' waiver adjudication under Presidential Proclamation 9645, Enhancing 23 Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or 24 Other Public-Safety Threats, and to compel the resulting unreasonably delayed adjudications. The 25 26 parties filed a previous status report advising of the revocation of that Presidential Proclamation. The 27 parties now further advise that plaintiff Atarie, the sole remaining unadjudicated applicant in this 28 1 30 1 lawsuit, has been advised by the Department of State that he may now schedule his medical 2 examination. He is expected to travel to Turkey for that purpose shortly. 3 During the litigation in this case, some plaintiffs’ applications were adjudicated under a different 4 Presidential Proclamation, PP 10014, related to the coronavirus pandemic. The Department of State 5 6 advises that the new Administration is actively reviewing the restrictions imposed by Presidential 7 Proclamation 10014, issued by then-President Trump. The government will provide an update to the 8 court as soon as a decision is taken on whether to rescind the Proclamation. 9 10 For these reasons, the parties propose to file a further status report with the Court by March 5, 2021. 11 12 13 Dated: February 12, 2021 MCGREGOR W. SCOTT United States Attorney 14 15 By: /s/ AUDREY B. HEMESATH AUDREY B. HEMESATH Assistant United States Attorney 16 17 By: /s/ CURTIS LEE MORRISON CURTIS LEE MORRISON The Law Office of Rafael Ureña Attorney for the Plaintiffs 18 19 20 ORDER 21 The parties shall file a further status report by March 5, 2021. 22 23 24 IT IS SO ORDERED. Dated: February 16, 2021 UNITED STATES DISTRICT JUDGE 25 26 27 28 2 30

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