Amaya Uni v. United States Department of Homeland Security et al

Filing 10

Order by Magistrate Judge Lisa J. Cisneros granting 9 Stipulation to Stay Proceedings.(bns, COURT STAFF) (Filed on 11/22/2024)

1 ISMAIL J. RAMSEY (CABN 189820)
United States Attorney
2 PAMELA T. JOHANN (CABN 145558)
Chief, Civil Division
3 ELIZABETH D. KURLAN (CABN 255869)
Assistant United States Attorney
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450 Golden Gate Avenue, Box 36055
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San Francisco, California 94102-3495
Telephone: [phone]
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Facsimile: [phone]
[e-mail]
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Attorneys for Defendants
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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12 JEIMY AMAYA UNI,
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C 3:24-cv-03801-LJC

Plaintiff,

STIPULATION TO STAY PROCEEDINGS;
[PROPOSED] ORDER

14 v.
15 UNITED STATES DEPARTMENT OF
HOMELAND SECURITY, et al.,
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Defendants.
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The parties, through their undersigned attorneys, hereby stipulate and respectfully request the

19 Court to stay proceedings in this case for a limited time, until July 10, 2025. The parties make this joint
20 request because they are pursuing an administrative resolution that may render further litigation of this
21 case unnecessary.
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1.

Plaintiff filed this mandamus action seeking adjudication of her Form I-589, Application

23 for Asylum and for Withholding of Removal. United States Citizenship and Immigration Services
24 (“USCIS”) has scheduled the asylum interview to take place on March 12, 2025. USCIS agrees to work
25 diligently towards completing adjudication of Plaintiff’s application, absent the need for further
26 adjudicative action or unforeseen circumstances that would require additional time for adjudication.
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Stip to Stay Proceedings
C 3:24-cv-03801-LJC

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2.

Plaintiff agrees to submit all supplemental documents and evidence no later than seven to

2 ten days prior to the interview, pursuant to USCIS policy. Plaintiff agrees that the failure to timely
3 submit this evidence may result in the rescheduling of the interview at no fault of USCIS.
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3.

If needed by Plaintiff or her dependent(s), Plaintiff shall bring her own interpreter to her

5 asylum interview. See https://www.uscis.gov/newsroom/alerts/affirmative-asylum-applicants-must6 provide-interpreters-starting-sept-13. Plaintiff recognizes that failure to bring an interpreter to her
7 interview may result in the interview being rescheduled at no fault of USCIS.
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4.

Upon receipt of USCIS’ decision, Plaintiff agrees to voluntarily dismiss this case.

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5.

The parties agree to bear their own attorney fees and costs.

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Accordingly, the parties stipulate and request that the proceedings in this case be stayed until
July 10, 2025, at which time the parties will file a joint status report with the Court. At that time, the
parties may request a further continuance of the stay of proceedings, dismissal of the litigation if
appropriate, or placement of the case back on the Court’s active docket. A stay of proceedings in this

15 case will benefit the parties and conserve the Court’s resources while the parties pursue a potential
16 administrative resolution.
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Dated: November 22, 2024

Respectfully submitted 1,
ISMAIL J. RAMSEY
United States Attorney

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/s/ Elizabeth D. Kurlan
ELIZABETH D. KURLAN
Assistant United States Attorney
Attorneys for Defendants

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24 //
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26 //
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1 In accordance with Civil Local Rule 5-1(i)(3), the filer of this document attests that all signatories

28 listed below concur in the filing of this document.
Stip to Stay Proceedings
C 3:24-cv-03801-LJC
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1 Dated: November 22, 2024

/s/ Laure Dachelet
LAURE DACHELET
Political Asylum Lawyers
Attorney for Plaintiff

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[PROPOSED] ORDER
Pursuant to stipulation, IT IS SO ORDERED.

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Date: November 22, 2024
HON. LISA J. CISNEROS
United States Magistrate Judge

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Stip to Stay Proceedings
C 3:24-cv-03801-LJC

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