Pazargadi v. Kim et al

Filing 6

ORDER Granting #5 Stipulation to stay case. Signed by Judge James C. Mahan on 11/21/2022. Signed by Judge James C. Mahan on 11/21/2022. (Copies have been distributed pursuant to the NEF - LOE)

Case 2:22-cv-01764-JCM-VCF Document 6 Filed 11/21/22 Page 1 of 3

1 JASON M. FRIERSON
United States Attorney
2 District of Nevada
Nevada Bar No. 7709
3 Stephen R. Hanson II
Assistant United States Attorney
4 501 Las Vegas Blvd. So., Suite 1100
Las Vegas, Nevada 89101
5 [phone]
[e-mail]
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Attorneys for the United States
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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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Pouyan Pazargadi,
Plaintiff,

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Case No. 2:22-cv-01764-JCM-VCF
Stipulation and Order to Stay Case

v.
Ted H. Kim, in his official capacity as
Associate Director of the Refugee, Asylum
and International Operations Directorate of
United States Citizenship and Immigration
Services; United States Citizenship and
Immigration Services,
Defendants.

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IT IS HEREBY STIPULATED and AGREED by and between Plaintiff Pouyan

19 Pazargadi (“Plaintiff”) and Defendants, through their respective counsel, subject to the
20 approval of the Court, that the instant action shall be stayed pending adjudication of
21 Plaintiff’s I-589 Application for Asylum and Withholding of Removal, based on the
22 following terms:
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1. United States Citizenship and Immigration Services (“USCIS”) agrees to
interview Plaintiff on April 11, 2023 at 7:15 a.m.;

Case 2:22-cv-01764-JCM-VCF Document 6 Filed 11/21/22 Page 2 of 3

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2. Defendants agree to diligently work towards completing adjudication within

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120 days of Plaintiff’s interview date, absent unforeseen or exceptional

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circumstances that would require additional time to complete adjudication;

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3. In the event that adjudication is not completed within 120 days of the interview

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date, Defendants will provide a status report to the Court;

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4. Plaintiff agrees to submit all supplemental documents and evidence, if any, to

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USCIS seven (7) to ten (10) days prior to the agreed upon scheduled interview.

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Plaintiff recognizes that failure to submit these documents seven (7) to ten (10)

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days prior to the interview may result in the interview being rescheduled at no

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fault of USCIS;

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5. Upon receipt of the Los Angeles Asylum Office’s decision, Plaintiff agrees to

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voluntarily dismiss the case; and

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6. Each party agrees to bear his, her or its own litigation costs and attorney fees.

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The proposed stay is requested in the interests of judicial economy. A stay would

15 avoid the unnecessary and burdensome expenditure of the parties’ and this Court’s
16 resources that would be required to adjudicate the jurisdictional and merits issues
17 presented in this action. Moreover, there is no prejudice to either party if the stay is
18 granted. There are no pending deadlines (other than Defendants’ initial response to the
19 complaint) 1 and therefore, a stay would not affect any current proceedings in this Court.
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The summons and complaint were properly served on October 20, 2022, and Defendants’ response thereto is
currently due on December 19, 2022.

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Case 2:22-cv-01764-JCM-VCF Document 6 Filed 11/21/22 Page 3 of 3

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Accordingly, the parties respectfully request a stay of the instant action until

2 August 23, 2023.
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Dated: November 15, 2022.

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JASON M. FRIERSON
United States Attorney

LAW OFFICE OF
ALEXANDER R. VAIL, L.L.C.

/s/ Stephen R. Hanson II
Stephen R. Hanson II
Assistant United States Attorney

/s/ Alexander R. Vail
Alexander R. Vail
Attorney for Plaintiff

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IT IS SO ORDERED:

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UNITED STATES DISTRICT JUDGE

November 21, 2022
DATED: ________________________________

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