Hailu v. Mayorkas et al

Filing 5

ORDER granting Parties' 4 Stipulated MOTION to Hold Case in Abeyance. The case is held in abeyance until 3/6/2025. The parties shall submit a status update on or before 3/6/2025. Signed by Judge John H. Chun. (SB)

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

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D. HAILU,

Case No. 2:24-cv-01112-JHC
v.

Plaintiff,

12 ALEJANDRO MAYORKAS, et al.,
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Defendants.

STIPULATED MOTION TO HOLD
CASE IN ABEYANCE AND ORDER
Noted for Consideration:
September 25, 2024

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Plaintiff and Defendants, by and through their counsel of record, pursuant to Federal Rule

16 of Civil Procedure 6 and Local Rules 7(d)(1), 10(g) and 16, hereby jointly stipulate and move to
17 stay these proceedings until March 6, 2025. Plaintiff brought this litigation pursuant to the
18 Administrative Procedure Act and Mandamus Act, inter alia, to compel U.S. Citizenship and
19 Immigration Services (“USCIS”) to adjudicate his asylum application. Defendants’ response to
20 the Complaint is currently due on September 30, 2024. The parties are currently working
21 towards a resolution to this litigation. For good cause, the parties request that the Court hold the
22 case in abeyance until March 6, 2025.
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Courts have “broad discretion” to stay proceedings. Clinton v. Jones, 520 U.S. 681, 706

24 (1997). “[T]he power to stay proceedings is incidental to the power inherent in every court to
STIPULATED MOTION FOR ABEYANCE & ORDER
[Case No. 2:24-cv-01112-JHC] - 1

1 control the disposition of the causes on its docket with economy of time and effort for itself, for
2 counsel, and for litigants.” Landis v. N. Am. Co., 299 U.S. 248, 254 (1936); see also Fed. R. Civ.
3 P. 1.
With additional time, this case may be resolved without the need of further judicial

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5 intervention. USCIS has scheduled Plaintiff’s asylum interview for November 6, 2024. USCIS
6 agrees to diligently work towards completing the adjudications within 120 days of the interview,
7 absent unforeseen or exceptional circumstances that would require additional time for
8 adjudication. If the adjudication is not completed within that time, USCIS will provide a status
9 report to the Court. Plaintiff will submit all supplemental documents and evidence, if any, to
10 USCIS seven to ten days prior to the interview date. Plaintiff recognizes that failure to submit
11 documents prior to the interview may require the interview to be rescheduled and the
12 adjudication delayed. If needed, Plaintiff will bring an interpreter to the interview, otherwise the
13 interview will need to be rescheduled and the adjudications delayed. Once the application is
14 adjudicated, Plaintiff will dismiss the case. Accordingly, the parties request this abeyance to
15 allow USCIS to conduct Plaintiff’s asylum interview and then process his asylum application.
As additional time is necessary for this to occur, the parties request that the Court hold

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17 the case in abeyance until March 6, 2025. The parties will submit a status update on or before
18 March 6, 2025.
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STIPULATED MOTION FOR ABEYANCE & ORDER
[Case No. 2:24-cv-01112-JHC] - 2

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DATED this 25th day of September, 2024.

2 Respectfully submitted,
3 TESSA M. GORMAN
United States Attorney
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s/ Michelle R. Lambert
5 MICHELLE R. LAMBERT, NYS #4666657
Assistant United States Attorney
6 United States Attorney’s Office
Western District of Washington
7 1201 Pacific Avenue, Suite 700
Tacoma, Washington 98402
8 Phone: [phone]
Fax: [phone]
9 Email: [e-mail]
10 Attorneys for Defendants
11 I certify that this memorandum contains 378
words, in compliance with the Local Civil Rules.
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STIPULATED MOTION FOR ABEYANCE & ORDER
[Case No. 2:24-cv-01112-JHC] - 3

THE LAW OFFICES OF KARIN TOLGU,
PLLC
s/ Karin Tolgu
KARIN TOLGU, WSBA #42647
110 Prefontaine Pl S. Ste. 304
Seattle, WA 98104
Phone: [phone]
Email: [e-mail]
Attorney for Plaintiff

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ORDER

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The case is held in abeyance until March 6, 2025. The parties shall submit a status

3 update on or before March 6, 2025. It is so ORDERED.
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DATED this 25th day of September, 2024.

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JOHN H. CHUN
United States District Judge

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STIPULATED MOTION FOR ABEYANCE & ORDER
[Case No. 2:24-cv-01112-JHC] - 4