Jeronimo Aguilar v. Jaddou et al

Filing 13

ORDER GRANTING 12 STIPULATION TO STAY PROCEEDINGS: The proceedings in this case shall be stayed until 4/17/2024, at which time the parties will filea 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. Signed by Chief Magistrate Judge Donna M. Ryu on 11/15/2023. (ig, COURT STAFF) (Filed on 11/15/2023)

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1 ISMAIL J. RAMSEY (CABN 189820) United States Attorney 2 MICHELLE LO (NYRN 4325163) Chief, Civil Division 3 ELIZABETH KURLAN (CABN 255869) Assistant United States Attorney 4 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102-3495 5 Telephone: (415) 436-7298 Facsimile: (415) 436-6748 6 7 Attorneys for Defendants 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 OAKLAND DIVISION 11 12 RAMIRO M. JERONIMO AGUILAR, Plaintiff, 13 14 v. 15 UR JADDOU, in her official capacity as Director of United States Citizenship Services 16 (USCIS), USCIS, 17 4:23-cv-04380 DMR STIPULATION TO STAY PROCEEDINGS; ORDER Defendants. 18 19 20 21 22 23 24 25 26 27 28 The parties, through their undersigned attorneys, hereby stipulate and respectfully request the Court to stay proceedings in this case for a limited time, until April 17, 2024. The parties make this joint request because they are pursuing an administrative resolution that may render further litigation of this case unnecessary. Plaintiff filed this mandamus action seeking adjudication of their Form I-589, Application for Asylum and for Withholding of Removal. United States Citizenship and Immigration Services (“USCIS”) has scheduled the asylum interview to take place on December 19, 2023, and it agrees to work diligently towards completing adjudication of Plaintiff’s petition, absent the need for further adjudicative action or unforeseen circumstances that would require additional time for adjudication. If Stip to Stay Proceedings 4:23-cv-04380 DMR 1 1 USCIS cancels or reschedules Plaintiff’s interview, USCIS will reschedule the interview for a date not 2 more than four weeks from the originally scheduled date, absent unforeseen or exceptional 3 circumstances. Upon receipt of USCIS’ decision, Plaintiff agrees to voluntarily dismiss this case and, in that 4 5 event, the parties agree to bear their own attorney’s fees and costs. Accordingly, the parties stipulate and 6 7 request that the proceedings in this case be stayed until April 17, 2024, 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 8 9 10 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 case will benefit the parties and conserve the Court’s 11 resources while the parties pursue a potential administrative resolution. 12 Dated: November 14, 2023 Respectfully submitted i, 13 ISMAIL J. RAMSEY United States Attorney 14 /s/ Elizabeth Kurlan ELIZABETH D. KURLAN Assistant United States Attorney Attorneys for Defendants 15 16 17 Date: November 15, 2023 28 . Ryu N F D IS T IC T O R C HON. DONNA M. RYU United States Chief Magistrate Judge 26 27 S ER onna M H 25 Judge D RT 24 NO 23 ERED O ORD IT IS S R NIA Pursuant to stipulation, IT IS SO ORDERED. 22 UNIT ED 21 S DISTRICT TE C A T RT U O ORDER FO 20 /s/ Jessica Arena JESSICA T. ARENA Law Office of Jessica T. Arena Attorney for Plaintiff LI 19 A 18 Dated: November 14, 2023 In accordance with Civil Local Rule 5-1(i)(3), the filer of this document attests that all signatories listed below concur in the filing of this document. i Stip to Stay Proceedings 4:23-cv-04380 DMR 2

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