Martinez Banos v. Asher et al

Filing 108

ORDER granting Parties' 107 Stipulated Motion to Stay Proceedings. Proceedings in this case are stayed until September 5, 2020. Joint Status Report due by 9/5/2020. Signed by Judge James L. Robart. (PM)

Case 2:16-cv-01454-JLR Document 107 Filed 06/24/20 Page 1 of 4

1

Judge James L. Robart

2

Magistrate Judge Brian A. Tsuchida

3
4
5
6
7
8
9
10

UNITED STATES DISTRICT COURT

11

FOR THE WESTERN DISTRICT OF WASHINGTON

12

AT SEATTLE

13
14
15

ARTURO MARTINEZ BAÑOS, et al.,
Petitioners-Plaintiffs
v.

17

19
20

No. 2:16-cv-01454-JLR-BAT

)

ELIZABETH GODFREY, et al.,
Respondents-Defendants.
______________________________

)

JOINT MOTION TO STAY

)

16

18

)

PROCEEDINGS

)
)
)

21
22

On April 7, 2020, and June 1, 2020, the United States Circuit Court for the Ninth Circuit

23

issued its opinion and mandate affirming in part, reversing in part, and vacating in part this

24

Court’s order adopting Chief Magistrate Judge Tsuchida’s report and recommendation on the

25

parties’ cross-motions for summary judgment, and remanding the case to this Court for further

26

proceedings. See Flores Tejada v. Godfrey, et al., 954 F.3d 1245 (9th Cir. 2020). Thereafter, on

27

June 12, 2020, this Court issued an order asking the parties to file, within fourteen days, a joint

28

JOINT MOTION TO
STAY PROCEEDINGS
(Case No. 2:16:-cv-01454)
-1-

Department of Justice, Civil Division
Office of Immigration Litigation
P.O. Box 868 Ben Franklin Station
Washington, D.C. 20044
[phone]

Case 2:16-cv-01454-JLR Document 107 Filed 06/24/20 Page 2 of 4

1

status report proposing how the Court should proceed on remand. The parties, by and through

2

their undersigned attorneys of record, move this Court to stay proceedings in this case until the

3

time to file a petition for a writ of certiorari before the Supreme Court of the United States has

4

elapsed.
The Supreme Court of the United States issued a miscellaneous order on March 19, 2020,

5
6

extending the time to file petitions for writs of certiorari. Specifically, in light of the public

7

health concerns related to COVID-19, the Supreme Court ordered that “the deadline to file any

8

petition for a writ of certiorari due on or after the date of this order is extended to 150 days from

9
the date of the lower court judgment, order denying discretionary review, or order denying a
10
11

timely petition for rehearing. See Rules 13.1 and 13.3.” Miscellaneous Order, 592 U.S. __

12

(Mar. 19, 2020). 1 The Ninth Circuit published its Opinion in this case on April 7, 2020, after the

13

Supreme Court’s March 19, 2020, miscellaneous order. As such, the time to file a petition for a

14

writ of certiorari in this case is still running and will not elapse until September 4, 2020.

15
In the interests of justice and judicial economy, the parties thus jointly ask this court to

16
17

stay all proceedings in this case until September 5, 2020, when the time to file a certiorari

18

petition before the Supreme Court has elapsed as Defendants are currently determining whether

19

they will file a petition for certiorari in this matter. Entry of an order granting this joint request

20
will not prejudice the class members’ interests as they will continue to receive bond hearings
21
22

after 180 days of detention.

23
Dated: June 24, 2020

Respectfully submitted,

24
JOSEPH H. HUNT
Assistant Attorney General
Civil Division

25
26
27
28

1

https://www.supremecourt.gov/orders/courtorders/031920zr_d1o3.pdf (last visited, June 23, 2020).

JOINT MOTION TO
STAY PROCEEDINGS
(Case No. 2:16:-cv-01454)
-2-

Department of Justice, Civil Division
Office of Immigration Litigation
P.O. Box 868 Ben Franklin Station
Washington, D.C. 20044
[phone]

Case 2:16-cv-01454-JLR Document 107 Filed 06/24/20 Page 3 of 4

1

WILLIAM C. PEACHEY
Director, Office of Immigration Litigation

2
3

KATHERINE J. SHINNERS
Senior Litigation Counsel
District Court Section

4
5
6

/s/ Gladys M. Steffens Guzmán
GLADYS M. STEFFENS GUZMÁN
Trial Attorney
District Court Section
Office of Immigration Litigation
P.O. Box 868, Ben Franklin Station
Washington, DC 20044
Tel: [phone]

7
8
9
10
11

eMail: [e-mail]

12

Attorneys for Defendants

13
14

19

s/ Matt Adams
Matt Adams, WSBA No. 28287
Aaron Korthuis
NORTHWEST IMMIGRANT RIGHTS PROJECT
615 Second Ave., Suite 400
Seattle, WA 98104
Tel: [phone]
[e-mail]

20

Attorneys for Plaintiffs

15
16
17
18

21
22
23
24
25
26
27
28

JOINT MOTION TO
STAY PROCEEDINGS
(Case No. 2:16:-cv-01454)
-3-

Department of Justice, Civil Division
Office of Immigration Litigation
P.O. Box 868 Ben Franklin Station
Washington, D.C. 20044
[phone]

Case 2:16-cv-01454-JLR Document 107-1 Filed 06/24/20 Page 1 of 2

1

Judge James L. Robart

2

Magistrate Judge Brian A. Tsuchida

3
4
5
6
7
8
9
10

UNITED STATES DISTRICT COURT

11

FOR THE WESTERN DISTRICT OF WASHINGTON

12

AT SEATTLE

13
14

ARTURO MARTINEZ BAÑOS, et al.
Petitioners-Plaintiffs

15

v.

)

No. 2:16-cv-01454-JLR-BAT

)
)

ORDER GRANTING JOINT

17

)

MOTION TO STAY

18

)

PROCEEDINGS

16

19

ELIZABETH GODFREY, et al.,
Respondents-Defendants.

20
21

______________________________

22
23

)
)
)

The Court, having reviewed the pleadings and materials in this case, it is hereby
ORDERED that:

24
The Joint Motion to Stay Proceedings is GRANTED. Proceedings in this case are stayed

25
26

until September 5, 2020. The parties shall file a joint status report advising the court of the

27

//

28

ORDER GRANTING JOINT MOTION TO
STAY PROCEEDINGS
(Case No. 2:16:-cv-01454)
-1-

JLR

Case 2:16-cv-01454-JLR Document 107-1 Filed 06/24/20 Page 2 of 2

1
2

status of this matter by no later than September 5, 2020.
June
25th
DATED this ____ day of _________________, 2020.

3
4

A

5

_____________________
JAMES L. ROBART
District Judge
United Stated District Court
Western District of Washington

6
7
8
9
10
11
12
13
14

Presented by:

15

GLADYS M. STEFFENS GUZMÁN

16
17

22

/s/ Gladys M. Steffens Guzmán
GLADYS M. STEFFENS GUZMÁN
Office of Immigration Litigation
Department of Justice, Civil Division
Trial Attorney, District Court Section
P.O. Box 868, Ben Franklin Station
Washington, DC 20001
Telephone: [phone]
Facsimile: [phone]

23

E-Mail: [e-mail]

18
19
20
21

24
25
26
27
28

ORDER GRANTING
JOINT MOTION TO STAY PROCEEDINGS
(Case No. 2:16:-cv-01454)
-2-

JLR