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)

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: [phone]
Facsimile: [phone]
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: [phone]
Email: [e-mail]
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