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)

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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 Elizabeth.Kurlan@usdoj.gov 7 Attorneys for Defendants 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 OAKLAND DIVISION 12 13 14 15 16 17 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., 18 Defendants. 19 20 21 22 23 24 25 26 27 28 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 1 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. 3 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. 7 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 13 5. The parties agree to bear their own litigation costs and attorney fees. 14 Accordingly, the parties stipulate and request that the proceedings in this case be stayed until 11 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. 20 Respectfully submitted, 1 21 ISMAIL J. RAMSEY United States Attorney 22 23 Dated: May 7, 2024 /s/ Elizabeth D. Kurlan ELIZABETH D. KURLAN Assistant United States Attorney Attorneys for Defendants 24 25 26 1 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. 28 Stipulation to Stay Proceedings Case No.: 4:24-cv-01183-HSG 2 1 Dated: May 7, 2024 /s/ Robert B. Jobe ROBERT B. JOBE Attorney for Plaintiff 2 3 4 5 6 7 8 9 10 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 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stipulation to Stay Proceedings Case No.: 4:24-cv-01183-HSG 3

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