Borak v. Jaddou

Filing 13

ORDER GRANTING 11 STIPULATION Re 1 Complaint . Signed by Judge Haywood S. Gilliam, Jr. on 3/11/2025. Status Report due by 8/29/2025. (ndr, COURT STAFF) (Filed on 3/11/2025)

1 YAAKOV M. ROTH

Acting Assistant Attorney General,

2 U.S. Department of Justice, Civil Division

LINDSAY M. VICK

3 Senior Litigation Counsel

Office of Immigration Litigation

4 JAMES A. HURLEY (MD Atty ID No. 0612120405)

Attorney

5 Office of Immigration Litigation
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U.S. Department of Justice, Civil Division
P.O. Box 878, Ben Franklin Station
Washington, D.C. 20044
Telephone: [phone]
Fax: [phone]
[e-mail]
Attorneys for Defendants
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION
ORHAN BORAK,

Case No. 4:24-cv-09471-HSG

Plaintiff,

STIPULATION TO STAY
PROCEEDINGS; ORDER

v.

KIKA SCOTT1, Senior Official
Performing the Duties of the Director,
18 U.S. Citizenship and Immigration
Services,
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Defendant.

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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 August 29, 2025. The
parties make this joint request because they are pursuing an administrative resolution that
may render further litigation of this case unnecessary.

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1 Pursuant to Federal Rule of Civil Procedure 25(d), Senior Official Performing the
Duties of the Director, U.S. Citizenship and Immigration Services Kika Scott substitutes
28 former Director Ur M. Jaddou.
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Stipulation to Stay
C 4:24-cv-09471-HSG

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1.

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

2 Application for Asylum and Withholding of Removal. United States Citizenship and
3 Immigration Services (“USCIS”) scheduled an interview for April 24, 2025. USCIS will
4 work diligently towards completing adjudication of the I-589 application, absent the need
5 for further adjudicative action or unforeseen circumstances that would require additional
6 time for adjudication.

2.

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Plaintiff agrees to submit all supplemental documents and evidence to

8 USCIS seven to ten days prior to the agreed upon scheduled interview. Plaintiff agrees
9 that failure to timely submit this evidence may result in the rescheduling of the interview
10 at no fault of USCIS.

3.

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

12 interpreter to their asylum interview. See
13 https://www.uscis.gov/newsroom/alerts/affirmative-asylum-applicants-must-provide14 interpreters-starting-sept-13. Plaintiff recognizes that failure to bring an interpreter to
15 their interview may result in the interview being rescheduled at no fault of USCIS.
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Upon receipt of USCIS’ decision, Plaintiff agrees to voluntarily dismiss the

5.

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

17 case.
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Accordingly, the parties stipulate and request that the proceedings in this case be

21 stayed until August 29, 2025, at which time the parties will file a joint status report with
22 the Court. At that time, the parties may request a further continuance of the stay of
23 proceedings, dismissal of the litigation if appropriate, or placement of the case back on
24 the Court’s active docket. A stay of proceedings in this case will benefit the parties and
25 conserve the Court’s resources while the parties pursue a potential administrative
26 resolution.
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Stipulation to Stay
C 4:24-cv-09471-HSG

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1 Dated:

Respectfully submitted,2

March 5, 2025

YAAKOV M. ROTH
Acting Assistant Attorney General

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LINDSAY M. VICK
Senior Litigation Counsel

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/s/ James A. Hurley
JAMES A. HURLEY
Attorney
Attorneys for Defendants

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Dated:

March 5, 2025

/s/ Megan Nicole Guzman
MEGAN NICOLE GUZMAN
Attorney for Plaintiff

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In accordance with Civil Local Rule 5-1(i)(3), the filer of this document attests

27 that all signatories listed herein concur in the filing of this document.
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Stipulation to Stay
C 4:24-cv-09471-HSG

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ORDER

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Pursuant to stipulation, IT IS SO ORDERED.

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Date:

3/11/2025

______________________ ____
HON. HAYWOOD S. GILLIAM, JR.
United States District Judge

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Stipulation to Stay
C 4:24-cv-09471-HSG

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