Saubhayana v. Sessions et al

Filing 58

ORDER Granting 57 Motion to Stay Case. This action is STAYED. The Clerk of Court is directed to TEMPORARILY ADMINISTRATIVELY CLOSE this case. Any party may move to lift this stay and reopen this case after 12/21/2021. Signed by Judge Jennifer A. Dorsey on 9/21/2021. (Copies have been distributed pursuant to the NEF - MR)

Case 2:17-cv-02655-JAD-EJY Document 57 Filed 09/20/21 Page 1 of 3
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09/21/21

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BRIAN M. BOYNTON
Acting Assistant Attorney General
Civil Division
WILLIAM PEACHEY
Director, District Court Section
Office of Immigration Litigation
ELIANIS PEREZ
Assistant Director, District Court Section
Office of Immigration Litigation
MARY LARAKERS, TX Bar # 24093943
Trial Attorney
U.S. Department of Justice, Civil Division
Office of Immigration Litigation
P.O. Box 868, Ben Franklin Station
Washington, D.C. 20044
Tel: [phone]
Fax: [phone]
[e-mail]
Counsel for Defendants
SYLVIA L. ESPARZA
Law Office of Sylvia L. Esparza
3440 E. Pepper Lane, Suite 105
Las Vegas, NV 89120
Tel: [phone]
[e-mail]
Counsel for Plaintiff

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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SATHIRAWAT SAUBHAYANA,
Plaintiff,
v.

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Case No. 2:17-cv-2655-JAD-EJY
ORDER GRANTING

JOINT MOTION TO STAY CASE UNTIL
2021
DECEMBER 21, 2020

MERRICK B. GARLAND, U.S. Attorney
General, et al.,
Defendants.

ECF No. 57

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Plaintiff Sathirawat Saubhayana and Defendants (collectively, the “Parties”) jointly

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request that the Court stay this case, until December 21, 2021, while U.S. Citizenship and

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Immigration Services (“USCIS”) reopens Plaintiff’s Form, N-400, Application for

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Naturalization, and considers new evidence. See 8 C.F.R. § 103.5(a)(5) (allowing USCIS to

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reopen a naturalization application).

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On August 20, 2021, government counsel finally received the sealed documents from the

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Las Vegas Police Department (“LVPD”). See ECF No. 55. Based on its review of these

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documents, USCIS has agreed to sua sponte re-open Plaintiff’s naturalization application in

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order to consider these documents along with other evidence that Plaintiff may submit in support

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of his application. The Parties, therefore, request that this Court stay this case, until December

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21, 2021, to allow USCIS to time to reopen and adjudicate Plaintiff’s naturalization application

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based on this new evidence. See Landis v. North American Co., 299 U.S. 248, 254-55 (1936)

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(“[T]he power to stay proceedings is incidental to the power inherent in every court to control

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disposition of the causes on its docket with economy of time and effort for itself, for counsel, and

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for litigants.”); Al Falahi v. USCIS, No. 2:16-cv-02921-JAD-VCF, 2019 U.S. Dist. LEXIS

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54960, (D. Nev. June 7, 2019) (staying case to allow USCIS to reopen and adjudicate

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naturalization application). The Parties propose that on or before December 21, 2021, they report

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to the Court whether they have resolved this case such that dismissal is appropriate.

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Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
Civil Division

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ELIANIS PEREZ
Assistant Director
Office of Immigration Litigation
By: /s/ Mary L. Larakers
MARY L. LARAKERS
Trial Attorney
U.S. Department of Justice, Civil Division
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Office of Immigration Litigation
P.O. Box 868, Ben Franklin Station
Washington, D.C. 20044
Tel: [phone]
Fax: [phone]
[e-mail]
Counsel for Defendants
By: /s/ Sylvia L. Esparza
SYLVIA L. ESPARZA
Law Office of Sylvia L. Esparza
3440 E. Pepper Lane, Suite 105
Las Vegas, NV 89120
Tel: [phone]
[e-mail]
Counsel for Plaintiff

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CERTIFICATE OF SERVICE

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Case No.: 2:17-cv-2655-JAD-EJY

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Order
It is hereby certified that service of the foregoing document has been made through the
Good cause appearing, IT filing and notification system the Motion to Stay [ECF on
Court’s CM-ECF electronic IS HEREBY ORDERED that on all system participants No. 57] is
GRANTED. This action is STAYED. The Clerk of Court is directed to TEMPORARILY
ADMINISTRATIVELY CLOSE this case. Any party may move to lift this stay and reopen
September 20, 2021.
this case after December 21, 2021.
/s/ Mary L. Larakers
MARY L. LARAKERS
_________________________________
U.S. Department of Justice
U.S. District Judge Jennifer A. Dorsey
Trial Attorney
Dated: September 21, 2021

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