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

Filing 613

ORDER re Parties' 612 Stipulated MOTION for Order Staying Adjudication of Adjustment Class Claims. The order setting a deadline for Defendants to file their motion concerning the application of Patel v. Garland to Plaint iffs' claims (Dkt. # 608 ) is vacated. The claims of the Adjustment Class are stayed. The parties shall jointly notify the Court, within 90 days of the date of this Order, and every 90 days thereafter, whether they wish the stay of the Adjustment Class claims to continue. Defendants shall notify the Court within 15 days of issuance that USCIS has issued its new policy to replace CARRP. Signed by Judge Lauren King. (LH)

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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.

CASE NO. C17-00094-LK
STIPULATION FOR ORDER
STAYING ADJUDICATION OF
ADJUSTMENT CLASS CLAIMS;
ORDER THEREON

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

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WHEREAS in this action two classes of litigants, the “Adjustment Class” and the

19 “Naturalization Class,” assert a variety of challenges to USCIS’ “Controlled Application Review and
20 Resolution Program” (CARRP); and
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WHEREAS the claims of the two classes are largely identical; and

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WHEREAS the Defendants contend the Adjustment Class claims face certain jurisdictional

23 issues that do not affect the Naturalization Class claims; and
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WHEREAS the parties have met and conferred and mutually agree that it will promote

25 efficiency and conservation of judicial resources to stay the litigation as to the Adjustment Class
26 claims in favor of proceeding first to an adjudication of the Naturalization Class claims; and
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STIPULATION FOR ORDER STAYING ADJUDICATION OF
ADJUSTMENT CLASS CLAIMS; ORDER THEREON - 1
(Case No. C17-00094-LK)

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 believe that resolving the Naturalization Class claims may pave the

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2 way for a resolution of the Adjustment Class claims and thereby avoid the need for the Court to
3 confront a jurisdictional question potentially unnecessary to the resolution of this lawsuit;
NOW THEREFORE the parties through their respective counsel of record do hereby

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5 stipulate and agree that the Court may make and enter the following order:
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The order setting a deadline for Defendants to file their motion concerning the

7 application of Patel v. Garland to Plaintiffs’ claims (Dkt. # 608) is vacated.
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2.

The claims of the Adjustment Class are stayed until further order of the Court.

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3.

The stay of the Adjustment Class claims may be terminated by the Court upon the

10 request by either Plaintiffs or Defendants.
4.

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The parties shall jointly notify the Court, within 90 days of the date of this Order, and

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STIPULATION FOR ORDER STAYING ADJUDICATION OF
ADJUSTMENT CLASS CLAIMS; ORDER THEREON - 2
(Case No. C17-00094-LK)

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

1 every 90 days thereafter, whether they wish the stay of the Adjustment Class claims to continue.
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Defendants shall notify the Court within 15 days of issuance that USCIS has issued

3 its new policy to replace CARRP.
4 SO STIPULATED.
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6 DATED: October 24, 2022.
7 BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
8 Civil Division
9 U.S. Department of Justice

VICTORIA M. BRAGA
Counsel for National Security
National Security Unit
Office of Immigration Litigation

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JESSE L. BUSEN
Counsel for National Security
National Security Unit
Office of Immigration Litigation

13 ETHAN B. KANTER
Chief, National Security Unit
14 Office of Immigration Litigation
Civil Division
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NICHOLAS BROWN
16 United States Attorney

ANNE P. DONOHUE
Counsel for National Security
National Security Unit
Office of Immigration Litigation

AUGUST FLENTJE
11 Special Counsel
Civil Division
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/s/ Brian C. Kipnis
18 BRIAN C. KIPNIS
Assistant United States Attorney
19 Western District of Washington

W. MANNING EVANS
Senior Litigation Counsel
Office of Immigration Litigation
LINDSAY M. MURPHY
Senior Counsel for National Security
Office of Immigration Litigation

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LEON B. TARANTO
21 Trial Attorney
Torts Branch
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Counsel for Defendants

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STIPULATION FOR ORDER STAYING ADJUDICATION OF
ADJUSTMENT CLASS CLAIMS; ORDER THEREON - 3
(Case No. C17-00094-LK)

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: October 24, 2022.
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/ 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/ Scarlet Kim
s/ Lee Gelernt
s/ Hina Shamsi
Scarlet Kim (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]

s/ Harry H. Schneider, Jr.
s/ Nicholas P. Gellert
s/ David A. Perez
s/ Heath L. Hyatt
Harry H. Schneider, Jr. #9404
Nicholas P. Gellert #18041
David A. Perez #43959
Heath L. Hyatt #54141
Perkins Coie LLP
1201 Third Avenue, Suite 4900
Seattle, WA 98101-3099
Telephone: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
s/ Trina Realmuto
s/ Kristin Macleod-Ball
Trina Realmuto (admitted pro hac vice)
Kristin Macleod-Ball (admitted pro hac vice)
American Immigration Council
1318 Beacon Street, Suite 18
Brookline, MA 03446
Telephone: [phone]
[e-mail]
[e-mail]
s/ John Midgley
John Midgley #50517
ACLU of Washington Foundation
P.O. Box 2728
Seattle, WA 98111
Telephone: [phone]
[e-mail]
Counsel for Plaintiffs

22 s/ Sameer Ahmed
Sameer Ahmed (admitted pro hac vice)
23 Harvard Immigration and Refugee
Clinical Program
24 Harvard Law School
6 Everett Street; Suite 3105
25 Cambridge, MA 02138
Telephone: [phone]
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STIPULATION FOR ORDER STAYING ADJUDICATION OF
ADJUSTMENT CLASS CLAIMS; ORDER THEREON - 4
(Case No. C17-00094-LK)

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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ORDER
IT IS SO ORDERED.

DATED: October 28, 2022.

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A

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Lauren King
United States District Judge

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STIPULATION FOR ORDER STAYING ADJUDICATION OF
ADJUSTMENT CLASS CLAIMS; ORDER THEREON - 5
(Case No. C17-00094-LK)

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