Kaur v. USCIS et al

Filing 10

ORDER AS MODIFIED GRANTING 9 STIPULATION to Stay Proceeding. Status Report due by 8/16/2024. Signed by Judge Haywood S. Gilliam, Jr. on 5/8/2024. (ndr, COURT STAFF) (Filed on 5/8/2024)

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
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450 Golden Gate Avenue, Box 36055
San Francisco, California 94102-3495
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Telephone: [phone]
Facsimile: [phone]
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[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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OAKLAND DIVISION

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PRABHJOT KAUR,

Case No.: 4:24-cv-01183-HSG

Plaintiff,

STIPULATION TO STAY PROCEEDINGS;
ORDER AS MODIFIED

v.
UNITED STATES CITIZENSHIP AND
IMMIGRATION SERVICE (USCIS), et al.,

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Defendants.

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The parties, through their attorneys, hereby stipulate and respectfully request the Court to stay
proceedings in this case for a limited time, until January 15, 2025. The parties make this joint request
because they are pursuing an administrative resolution that may render further litigation of this case
unnecessary.
1.

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

for Asylum and Withholding of Removal. United States Citizenship and Immigration Services
(“USCIS”) scheduled an interview for September 17, 2024. USCIS will work diligently towards

Stipulation to Stay Proceedings
Case No.: 4:24-cv-01183-HSG

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1 completing adjudication of the I-589 application, absent the need for further adjudicative action or
2 unforeseen circumstances that would require additional time for adjudication.
2.

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Plaintiff agrees to submit all supplemental documents and evidence to USCIS seven to

4 ten days prior to the agreed upon scheduled interview. Plaintiff recognizes that failure to submit these
5 documents seven to ten days prior to the interview may result in the interview being rescheduled at no
6 fault of USCIS.
3.

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

8 their asylum interview. See https://www.uscis.gov/newsroom/alerts/affirmative-asylum-applicants-must9 provide-interpreters-starting-sept-13. Plaintiff recognizes that failure to bring an interpreter to their
10 interview may result in the interview being rescheduled at no fault of USCIS.
4.

Upon receipt of the Asylum Office’s decision, Plaintiff agrees to voluntarily dismiss the

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5.

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

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Accordingly, the parties stipulate and request that the proceedings in this case be stayed until

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12 case.

15 January 15, 2025, at which time the parties will file a joint status report with the Court. At that time, the
16 parties may request a further continuance of the stay of proceedings, dismissal of the litigation if
17 appropriate, or placement of the case back on the Court’s active docket. A stay of proceedings in this
18 case will benefit the parties and conserve the Court’s resources while the parties pursue a potential
19 administrative resolution.
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Respectfully submitted, 1

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ISMAIL J. RAMSEY
United States Attorney

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23 Dated: May 7, 2024

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

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In accordance with Civil Local Rule 5-1(i)(3), the filer of this document attests that all
27 signatories listed herein concur in the filing of this document.
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Stipulation to Stay Proceedings
Case No.: 4:24-cv-01183-HSG

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1 Dated: May 7, 2024

/s/ Robert B. Jobe
ROBERT B. JOBE
Attorney for Plaintiff

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ORDER AS MODIFIED
The Court orders proceedings in this case STAYED until August 16, 2024, at which time the
parties must file a joint status report with the Court.
IT IS SO ORDERED.
Date: May 8, 2024
HAYWOOD S. GILLIAM, JR.
United States District Judge

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Stipulation to Stay Proceedings
Case No.: 4:24-cv-01183-HSG

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