Alemu v. United States Citizenship and Immigration Services et al

Filing 8

ORDER granting Parties' 7 Stipulated MOTION to Hold Case in Abeyance. The case is held in abeyance until 9/19/2024. The parties shall submit a joint status report on or before 9/19/2024, if the case is still unresolved. Signed by Judge John H. Chun. (SB)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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TENAYE ALEMU,
Plaintiff,

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UNITED STATES CITIZENSHIP AND
IMMIGRATION SERVICES, et al.,
Defendants.

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STIPULATED MOTION TO HOLD CASE IN
ABEYANCE AND ORDER

v.

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No. 2:24-cv-00091-JHC

Plaintiff brought this litigation pursuant to the Administrative Procedure Act and
Mandamus Act seeking, inter alia, to compel U.S. Citizenship and Immigration Services
(“USCIS”) to adjudicate her Form I-589, Application for Asylum and for Withholding of Removal.
Defendants’ response to the Complaint is currently due on April 1, 2024. The parties are currently
working towards a resolution to this litigation. For good cause, the parties request that the Court
hold the case in abeyance until Thursday, September 19, 2024.
Courts have “broad discretion” to stay proceedings. Clinton v. Jones, 520 U.S. 681, 706
(1997). “[T]he power to stay proceedings is incidental to the power inherent in every court to
control the disposition of the causes on its docket with economy of time and effort for itself, for
counsel, and for litigants.” Landis v. N. Am. Co., 299 U.S. 248, 254 (1936); see also Fed. R. Civ.
P. 1.
With additional time, this case may be resolved without the need of further judicial
STIPULATED MOTION FOR ABEYANCE
(2:24-cv-00091-JHC)

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intervention. USCIS has scheduled Plaintiff Tenaye Alemu’s asylum interview for May 22, 2024.

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USCIS agrees to work diligently towards completing the adjudication within 120 days of the

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interview, absent unforeseen or exceptional circumstances that would require additional time for

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adjudication. If the adjudication is not completed within that time, USCIS will provide a status

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report to the Court.

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Plaintiff will submit all supplemental documents and evidence, if any, to USCIS seven to

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ten days prior to the interview date. Plaintiff recognizes that failure to submit documents prior to

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the interview may require the interview to be rescheduled and the adjudication delayed. If needed,

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Plaintiff will bring an interpreter to the interview; otherwise, the interview will need to be

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rescheduled and the adjudication delayed. After the interview, USCIS will need time to adjudicate

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Plaintiff’s asylum application. Once the application is adjudicated, Plaintiff will dismiss the case

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with each party to bear their own litigation costs and attorneys’ fees. Accordingly, the parties

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request this abeyance to allow USCIS to conduct Plaintiff’s asylum interview and then process her

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asylum application.

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As additional time is necessary for this to occur, the parties request that the Court hold the

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case in abeyance until September 19, 2024. The parties will submit a joint status report on or before

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September 19, 2024, if the case is still unresolved.

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STIPULATED MOTION FOR ABEYANCE
(2:24-cv-00091-JHC)

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Dated: March 25, 2024

Respectfully submitted,

BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
Civil Division

/s/ Nicholas Power
NICHOLAS POWER
The Law Office of Nicholas Power, PLLC
540 Guard St. Ste. 150
Friday Harbor, WA 98250
360.298.0464
[e-mail]

WILLIAM C. PEACHEY
Director, District Court Section
Office of Immigration Litigation
WILLIAM C. SILVIS
Assistant Director
CARA E. ALSTERBERG
Senior Litigation Counsel

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/s/ Joshua C. McCroskey
JOSHUA C. MCCROSKEY, FL # 1033212
Trial Attorney
U.S. Department of Justice
Office of Immigration Litigation
District Court Section
P.O. Box 868, Ben Franklin Station
Washington, DC 20044
Phone: [phone]
Fax: [phone]
[e-mail]

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Attorneys for Defendants

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I certify that this memorandum contains
383 words, in compliance with the Local
Civil Rules.

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STIPULATED MOTION FOR ABEYANCE
(2:24-cv-00091-JHC)

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/s/ James O. Hacking, III
JAMES O. HACKING, III
Hacking Immigration Law, LLC
10121 Manchester Road, Suite A
St. Louis, MO 63122
(O) 314.961.8200
(F) 314.961.8201
(E) [e-mail]
Attorneys for Plaintiffs

ORDER

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The case is held in abeyance until September 19, 2024. The parties shall submit a joint
status report on or before September 19, 2024, if the case is still unresolved. It is so ORDERED.

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DATED this 26th day of March, 2024.

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_______________________________
JOHN H. CHUN
United States District Judge

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STIPULATED MOTION FOR ABEYANCE
(2:24-cv-00091-JHC)

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