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)

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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 (702) 388-6336 Stephen.Hanson@usdoj.gov 6 Attorneys for the United States 7 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 8 9 10 Pouyan Pazargadi, Plaintiff, 11 12 13 14 15 16 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. 17 18 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: 23 24 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 1 2. Defendants agree to diligently work towards completing adjudication within 2 120 days of Plaintiff’s interview date, absent unforeseen or exceptional 3 circumstances that would require additional time to complete adjudication; 4 3. In the event that adjudication is not completed within 120 days of the interview 5 date, Defendants will provide a status report to the Court; 6 4. Plaintiff agrees to submit all supplemental documents and evidence, if any, to 7 USCIS seven (7) to ten (10) days prior to the agreed upon scheduled interview. 8 Plaintiff recognizes that failure to submit these documents seven (7) to ten (10) 9 days prior to the interview may result in the interview being rescheduled at no 10 fault of USCIS; 11 5. Upon receipt of the Los Angeles Asylum Office’s decision, Plaintiff agrees to 12 voluntarily dismiss the case; and 13 6. Each party agrees to bear his, her or its own litigation costs and attorney fees. 14 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. 20 21 22 23 24 The summons and complaint were properly served on October 20, 2022, and Defendants’ response thereto is currently due on December 19, 2022. 1 2 Case 2:22-cv-01764-JCM-VCF Document 6 Filed 11/21/22 Page 3 of 3 1 Accordingly, the parties respectfully request a stay of the instant action until 2 August 23, 2023. 3 4 Dated: November 15, 2022. 5 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 6 7 8 9 10 11 IT IS SO ORDERED: 12 13 14 15 16 UNITED STATES DISTRICT JUDGE November 21, 2022 DATED: ________________________________ 17 18 19 20 21 22 23 24 3

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