Singh3 v. Mayorkas et al

Filing 10

ORDER granting Parties' #9 Stipulated Motion to Hold Case in Abeyance. The case is held in abeyance until 7/11/2025. The parties shall submit a joint status report on or before 7/11/2025. 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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BAGHEL SINGH3,

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v.

Case No. 2:24-cv-01858-JHC
Plaintiff,

12 ALEJANDRO MAYORKAS, et al.,
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Defendants.

STIPULATED MOTION TO HOLD
CASE IN ABEYANCE AND ORDER
Noted for Consideration:
January 6, 2025

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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 July 11, 2025. Plaintiff brought this litigation pursuant to the
18 Administrative Procedure Act and Mandamus Act seeking, inter alia, to compel the U.S.
19 Citizenship and Immigration Services (“USCIS”) to adjudicate his Form I-589, Application for
20 Asylum and for Withholding of Removal. Defendants’ response to the Complaint is currently
21 due on January 13, 2025.

The parties are currently working towards a resolution to this

22 litigation. For good cause, the parties request that the Court hold the case in abeyance until July
23 11, 2025.
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STIPULATED MOTION FOR ABEYANCE & ORDER
[Case No. 2:24-cv-01858-JHC] - 1

Courts have “broad discretion” to stay proceedings. Clinton v. Jones, 520 U.S. 681, 706

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2 (1997). “[T]he power to stay proceedings is incidental to the power inherent in every court to
3 control the disposition of the causes on its docket with economy of time and effort for itself, for
4 counsel, and for litigants.” Landis v. N. Am. Co., 299 U.S. 248, 254 (1936); see also Fed. R. Civ.
5 P. 1.
With additional time, this case may be resolved without the need of further judicial

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7 intervention. USCIS has scheduled Plaintiff’s asylum interview for March 13, 2025. USCIS
8 agrees to diligently work towards completing the adjudication within 120 days of the interview,
9 absent unforeseen or exceptional circumstances that would require additional time for
10 adjudication. If the adjudication is not completed within that time, USCIS will provide a status
11 report to the Court. Plaintiff will submit all supplemental documents and evidence, if any, to
12 USCIS seven to ten days prior to the interview date. Plaintiff recognizes that failure to submit
13 documents prior to the interview may require the interview(s) to be rescheduled and the
14 adjudication(s) delayed. If needed, Plaintiff will bring an interpreter to the interview, otherwise
15 the interview will need to be rescheduled and the adjudication delayed. After the interview,
16 USCIS will need time to adjudicate Plaintiff’s asylum application. Once the application is
17 adjudicated, Plaintiff will dismiss the case with each party to bear their own litigation costs and
18 attorneys’ fees. Accordingly, the parties request this abeyance to allow USCIS to conduct
19 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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21 the case in abeyance until July 11, 2025. The parties will submit a joint status report on or
22 before July 11, 2025.
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STIPULATED MOTION FOR ABEYANCE & ORDER
[Case No. 2:24-cv-01858-JHC] - 2

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DATED this 7th day of January, 2025.

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 413
words, in compliance with the Local Civil Rules.
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STIPULATED MOTION FOR ABEYANCE & ORDER
[Case No. 2:24-cv-01858-JHC] - 3

LAW OFFICES OF BART KLEIN
s/ Bart Klein
BART KLEIN, WSBA #10909
605 First Avenue South, Suite 500
Seattle, WA 98104
Phone: [phone]
Fax: [phone]
Email: [e-mail]
Attorney for Plaintiff

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ORDER
The case is held in abeyance until July 11, 2025. The parties shall submit a joint status

3 report on or before July 11, 2025. It is so ORDERED.
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DATED this 7th day of January, 2025.

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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-01858-JHC] - 4