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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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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FRANCISCO JAIR AGUILAR MENDEZ,
Plaintiff-Petitioner,

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CASE NO. C18-98-JCC-BAT
REPORT AND
RECOMMENDATION

v.
KIRSTJEN M. NIELSEN, et al.,
Defendants-Respondents.

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This is a petition for writ of mandamus. The parties have filed a joint stipulation seeking

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a court order dismissing this action with prejudice and without an award of costs or fees to either

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party based on USCIS’s issuance of a Notice of Intent to Deny and its agreement to issue a final

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decision on Plaintiff-Petitioner’s Application to Register Permanent Residence or Adjust Status

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(Form I-485) within 45 days of its receipt of his response to the Notice of Intent to Deny. Dkt. 4.

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The parties further request that the Court retain jurisdiction over this action if necessary to

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enforce the terms of their agreement. Id.

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The Court recommends that the joint stipulation, Dkt. 4, be GRANTED immediately,

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and this action be DISMISSED with prejudice and without an award of costs or fees to either

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party. The Court further recommends that jurisdiction be retained over the action to enforce the

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terms of the parties’ agreement, if necessary. A proposed Order accompanies this Report and

REPORT AND RECOMMENDATION - 1

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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.

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A

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BRIAN A. TSUCHIDA
United States Magistrate Judge

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REPORT AND RECOMMENDATION - 2