Aguilar Mendez v. Nielsen et al

Filing 5

REPORT AND RECOMMENDATION re parties' 4 STIPULATION AND ORDER for Dismissal. Noting Date 4/10/2018, signed by Hon. Brian A Tsuchida. (Attachments: # 1 Proposed Order, # 2 Proposed Judgment)(TH)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 8 FRANCISCO JAIR AGUILAR MENDEZ, Plaintiff-Petitioner, 9 10 11 12 CASE NO. C18-98-JCC-BAT REPORT AND RECOMMENDATION v. KIRSTJEN M. NIELSEN, et al., Defendants-Respondents. 13 This is a petition for writ of mandamus. The parties have filed a joint stipulation seeking 14 a court order dismissing this action with prejudice and without an award of costs or fees to either 15 party based on USCIS’s issuance of a Notice of Intent to Deny and its agreement to issue a final 16 decision on Plaintiff-Petitioner’s Application to Register Permanent Residence or Adjust Status 17 (Form I-485) within 45 days of its receipt of his response to the Notice of Intent to Deny. Dkt. 4. 18 The parties further request that the Court retain jurisdiction over this action if necessary to 19 enforce the terms of their agreement. Id. 20 The Court recommends that the joint stipulation, Dkt. 4, be GRANTED immediately, 21 and this action be DISMISSED with prejudice and without an award of costs or fees to either 22 party. The Court further recommends that jurisdiction be retained over the action to enforce the 23 terms of the parties’ agreement, if necessary. A proposed Order accompanies this Report and REPORT AND RECOMMENDATION - 1 1 2 3 4 Recommendation. The Clerk is directed to note this matter as immediately ready for the consideration of the Honorable John C. Coughenour. DATED this 10th day of April, 2018. 5 A 6 BRIAN A. TSUCHIDA United States Magistrate Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 REPORT AND RECOMMENDATION - 2

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