Wagafe et al v. United States Citizenship and Immigration Services et al

Filing 592

ORDER re 591 Stipulated MOTION for extension of time to respond to court order Dkt. No. 587. In light of the parties' stipulated stay and the terms set forth above, the Court STRIKES the 3/29/2022 joint statement deadline. The Cour t will set a new joint statement deadline, if necessary, once the parties submit their updated Joint Status Report on or before 7/8/2022. Whether and to what extent the parties may file redacted summary judgment briefs turns on the Court's re solution of their "joint statement concisely consolidating their positions on any materials for sealing." Dkt. No. 587 at 6. The Court accordingly GRANTS the parties' stipulation as modified and DENIES as moot the parties' Stipulation for Extension of Time to Respond to Court Order. Signed by Judge Lauren King.(MW)

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The Honorable Lauren King

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IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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ABDIQAFAR WAGAFE, et al., on behalf of
himself and other similarly situated,

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Plaintiffs,
v.

STIPULATION FOR ORDER
STAYING ACTION UNTIL JUNE 9,
2022; ORDER THEREON

JOSEPH R. BIDEN, President of the United
States, et al.,
Defendants.

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CASE NO. 2:17-cv-00094-LK

WHEREAS this action, filed on January 23, 2017, alleges that Defendants have been

20 unlawfully subjecting applications for lawful permanent residence and naturalization submitted to
21 United States Citizenship and Immigration Services (USCIS) by members of the Plaintiff-classes to
22 review under the Controlled Application Review and Resolution Program (CARRP), which is an
23 agency-wide program and process USCIS applies to cases it believes have national security
24 concerns; and
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WHEREAS the Amended Complaint in this action seeks, among other things, to enjoin

26 Defendants from applying CARRP to applications for lawful permanent residence or naturalization
27 submitted by members of the Plaintiff classes; and
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STIPULATION FOR ORDER STAYING ACTION UNTIL JUNE 9, 2022;
ORDER THREON - 1
(Case No. C17-00094LK)

UNITED STATES DEPARTMENT OF JUSTICE
CIVIL DIVISION, OFFICE OF IMMIGRATION LITIGATION
Ben Franklin Station, P.O. Box 878
Washington, D.C. 20044
[phone]

WHEREAS the parties have filed cross-motions for summary judgment on Plaintiffs’ claims;

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WHEREAS those motions, among others, have been pending before the Court since

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4 July 2021; and
WHEREAS on or about November 10, 2021, USCIS commenced an agency-wide internal

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6 review of its policies and procedures relative to identifying and assessing national security risks
7 presented in immigration benefit applications, including applications for lawful permanent residence
8 and naturalization; and
WHEREAS the internal USCIS review is expected to be completed on or about May 10,

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10 2022, unless extended by the Director of USCIS; and
WHEREAS it is anticipated that, as a result of this review, new or revised relevant policies

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12 will be issued by USCIS leadership; and
WHEREAS Defendants anticipate that these new and revised USCIS policies are likely to

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14 have a material impact on some or all of the legal issues presently before the Court for adjudication;
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WHEREAS the parties mutually agree that it will be in the best interest of the Plaintiff

17 classes and Defendants, and serve the interests of conserving judicial resources, to stay the case until
18 the internal USCIS review is completed in May 2022;
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NOW THEREFORE, the parties, through their respective counsel of record do hereby

20 stipulate and agree that the Court may make and enter the following order:
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1.

This action, and all proceedings therein, shall be stayed until June 9, 2022.

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2.

Commencing on February 1, 2022, and continuing throughout the time that the stay

23 remains in place, Defendants will suspend the issuance of denials of class members’ relevant
24 Form I-485 or N-400 applications, except in the following circumstances:
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i. USCIS will not hold the denial of any relevant application if USCIS will issue a

26 “Notice to Appear” (NTA) to the applicant following denial of the case.
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STIPULATION FOR ORDER STAYING ACTION UNTIL JUNE 9, 2022;
ORDER THREON - 2
(Case No. C17-00094LK)

UNITED STATES DEPARTMENT OF JUSTICE
CIVIL DIVISION, OFFICE OF IMMIGRATION LITIGATION
Ben Franklin Station, P.O. Box 878
Washington, D.C. 20044
[phone]

ii. USCIS will not hold the denial of any relevant application if that application is at

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2 issue in ongoing litigation (other than the Wagafe litigation).
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3.

In consideration of the statistical anomaly that will be created by the suspension of

4 denials as described in the preceding paragraph, Plaintiffs agree not to use the increase in statistical
5 delays resulting from this suspension against Defendants in arguments going forward in this lawsuit.
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4.

Within fourteen days after the expiration of the stay, Defendants will provide

7 Plaintiffs’ counsel with a record reflecting the overall number of class member applications in which
8 the denial of the application was suspended because of this stipulation. Defendants will provide this
9 list as an “attorney’s eyes only” restricted record subject to the restrictions set forth in this Court’s
10 orders pertaining to such information, Dkt. # 183 and # 192.
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5.

Within 90 days of the date of the commencement of the stay, Defendants shall file a

12 status report with the Court which sets forth the progress that Defendants have made toward
13 completion of their review process and the prospects as they see them for completing the review
14 process by May 10, 2022.
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6.

By no later than March 1, 2022, Plaintiffs shall send a settlement demand to

16 Defendants’ counsel. Defendants will consider Plaintiffs’ settlement demand in connection with
17 their policy review. Defendants shall respond to Plaintiffs’ settlement demand by no later than
18 June 10, 2022.
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7.

Defendants will timely supplement their discovery responses following the expiration

20 of the stay, as appropriate, in accordance with Rule 26(e), Fed.R.Civ.Pro.
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8.

By June 23, 2022, counsel for Plaintiffs and counsel for Defendants shall meet to

22 (1) discuss the parties’ settlement offers; (2) identify the issues, if any, that the parties believe remain
23 in dispute; and (3) discuss whether an attempt should be made to resolve any such remaining
24 disputed issues either through a continuation of informal settlement negotiations or by entering into
25 mediation pursuant to LCR 39.1 of the Local Rules of this Court according to a procedure that they
26 have mutually agreed upon.
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STIPULATION FOR ORDER STAYING ACTION UNTIL JUNE 9, 2022;
ORDER THREON - 3
(Case No. C17-00094LK)

UNITED STATES DEPARTMENT OF JUSTICE
CIVIL DIVISION, OFFICE OF IMMIGRATION LITIGATION
Ben Franklin Station, P.O. Box 878
Washington, D.C. 20044
[phone]

9.

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By July 8, 2022, the parties will submit a joint status report identifying any issues

2 remaining in dispute and proposing a joint case schedule to resolve any such issue or issues. If the
3 parties cannot agree on a proposed case schedule for the resolution of any remaining issues in
4 dispute, they may separately set forth their own proposed case schedules for consideration by the
5 Court.
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As an exception to the stay, and upon the Court’s approval of a pending joint
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----------------------------------------------------------------------------------------------------------------------7 stipulation allowing for the public filing of redacted versions of summary judgment briefs that the
parties previously submitted as Highly Sensitive Documents (HSDs), the parties shall be permitted
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An additional exception to the stay shall be the parties’ compliance with the Court’s
----------------------------------------------------------order dated January 31, 2022 (Dkt. # 587), and the Court’s resolution of the underlying sealing and
---------------------------------------------------------------------highly sensitive document motions.
------------------------11.

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STIPULATION FOR ORDER STAYING ACTION UNTIL JUNE 9, 2022;
ORDER THREON - 4
(Case No. C17-00094LK)

UNITED STATES DEPARTMENT OF JUSTICE
CIVIL DIVISION, OFFICE OF IMMIGRATION LITIGATION
Ben Franklin Station, P.O. Box 878
Washington, D.C. 20044
[phone]

1 SO STIPULATED.
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Dated: February 11, 2022

3 BRIAN M. BOYNTON
Acting Assistant Attorney General
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Civil Division
5 U.S. Department of Justice
6 AUGUST FLENTJE
Special Counsel
7 Civil Division
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ETHAN B. KANTER
9 Chief, National Security Unit
Office of Immigration Litigation
10 Civil Division
11 NICHOLAS W. BROWN
12 United States Attorney
13 BRIAN C. KIPNIS
Assistant United States Attorney
14 Western District of Washington
15 ANNE DONOHUE
16 Counsel for National Security
Office of Immigration Litigation
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W. MANNING EVANS
Senior Trial Counsel
Office of Immigration Litigation
LEON B. TARANTO
Trial Attorney
Torts Branch
LINDSAY M. MURPHY
Senior Counsel for National Security
Office of Immigration Litigation
BRENDAN T. MOORE
Trial Attorney
Office of Immigration Litigation
/s/ Victoria M. Braga
VICTORIA M. BRAGA
Trial Attorney
Office of Immigration Litigation
JESSE L. BUSEN
Counsel for National Security
Office of Immigration Litigation
Counsel for Defendants

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STIPULATION FOR ORDER STAYING ACTION UNTIL JUNE 9, 2022;
ORDER THREON - 5
(Case No. C17-00094LK)

UNITED STATES DEPARTMENT OF JUSTICE
CIVIL DIVISION, OFFICE OF IMMIGRATION LITIGATION
Ben Franklin Station, P.O. Box 878
Washington, D.C. 20044
[phone]

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SO STIPULATED.

DATED: February 11, 2022

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s/ Jennifer Pasquarella
Jennifer Pasquarella (admitted pro hac vice)
ACLU Foundation of Southern California
1313 W. 8th Street
Los Angeles, CA 90017
Telephone: [phone]
[e-mail]

s/ Harry H. Schneider, Jr.
s/ Nicholas P. Gellert
s/ David A. Perez
s/ Heath L. Hyatt__________
s/ Paige L. Whidbee________
Harry H. Schneider, Jr. #9404
Nicholas P. Gellert #18041
David A. Perez #43959
Heath L. Hyatt #54141
Paige L. Whidbee #55072
Perkins Coie LLP
1201 Third Avenue, Suite 4900
Seattle, WA 98101-3099
Telephone: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

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s/ Matt Adams
Matt Adams #28287
Northwest Immigrant Rights Project
615 Second Ave., Ste. 400
Seattle, WA 98122
Telephone: [phone]
[e-mail]
s/ Stacy Tolchin
Stacy Tolchin (admitted pro hac vice)
Law Offices of Stacy Tolchin
634 S. Spring St. Suite 500A
Los Angeles, CA 90014
Telephone: [phone]
[e-mail]
s/ Dror Ladin
s/ Sarah Taitz
s/ Lee Gelernt
s/ Hina Shamsi
Dror Ladin (admitted pro hac vice)
Sarah Taitz (admitted pro hac vice)
Lee Gelernt (admitted pro hac vice)
Hina Shamsi (admitted pro hac vice)
American Civil Liberties Union Foundation
125 Broad Street
New York, NY 10004
Telephone: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
s/ Sameer Ahmed
Sameer Ahmed (admitted pro hac vice)
Harvard Immigration and Refugee
Clinical Program
Harvard Law School
6 Everett Street; Suite 3105
Cambridge, MA 02138
Telephone: [phone]
[e-mail]

s/ Kristin Macleod-Ball
Kristin Macleod-Ball (admitted pro hac vice)
American Immigration Council
1318 Beacon Street, Suite 18
Brookline, MA 02446
Telephone: [phone]
[e-mail]
s/ John Midgley
s/ Yvonne Chin
John Midgley #6511
Yvonne Chin, #50389
ACLU of Washington
P.O. Box 2728
Seattle, WA 98111
Telephone: [phone]
[e-mail]
[e-mail]

Counsel for Plaintiffs

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STIPULATION FOR ORDER STAYING ACTION UNTIL JUNE 9, 2022;
ORDER THREON - 6
(Case No. C17-00094LK)

UNITED STATES DEPARTMENT OF JUSTICE
CIVIL DIVISION, OFFICE OF IMMIGRATION LITIGATION
Ben Franklin Station, P.O. Box 878
Washington, D.C. 20044
[phone]

ORDER

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In light of the parties' stipulated stay and the terms set forth above, the Court STRIKES the
March 29, 2022 joint statement deadline. The Court will set a new joint statement deadline, if
necessary, once the parties submit their updated Joint Status Report on or before July 8, 2022.
Whether and to what extent the parties may file redacted summary judgment briefs turns on
the Court’s resolution of their “joint statement concisely consolidating their positions on any
materials for sealing.” Dkt. No. 587 at 6. The Court accordingly GRANTS the parties'
stipulation as modified and DENIES as moot the parties’ Stipulation for Extension of Time to
Respond to Court Order. IT IS SO ORDERED.

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DATED this ___ day of ____________________, 2022
February

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LAUREN KING
United States District Judge

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STIPULATION FOR ORDER STAYING ACTION UNTIL JUNE 9, 2022;
ORDER THREON - 7
(Case No. C17-00094LK)

UNITED STATES DEPARTMENT OF JUSTICE
CIVIL DIVISION, OFFICE OF IMMIGRATION LITIGATION
Ben Franklin Station, P.O. Box 878
Washington, D.C. 20044
[phone]

Case 2:17-cv-00094-LK Document 589-1 Filed 02/11/22 Page 1 of 1
CERTIFICATE OF SERVICE

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I hereby certify that on February 11, 2022, I electronically filed the foregoing with the Clerk

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3 of the Court using the CM/ECF system, which will send notification of such filing to all counsel of
4 record.
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/s/ Victoria M. Braga
VICTORIA M. BRAGA
Trial Attorney
Office of Immigration Litigation
Civil Division
U.S. Department of Justice
P.O. Box 878, Ben Franklin Station
Washington, D.C. 20044
Tel.: [phone]
[e-mail]

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CERTIFICATE OF SERVICE
(Case No. C17-00094LK)

UNITED STATES DEPARTMENT OF JUSTICE
CIVIL DIVISION, OFFICE OF IMMIGRATION LITIGATION
Ben Franklin Station, P.O. Box 878
Washington, D.C. 20044
[phone]