W v. Mayorkas et al
Filing
8
ORDER. The case is held in abeyance until 8/13/2025. The parties shall submit a status update on or before 8/13/2025. Signed by Judge John H. Chun. (MJV)
1
2
3
4
5
6
UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
7
8
9
A.M.W.,
10
v.
11
14
17
18
19
20
STIPULATED MOTION TO HOLD
CASE IN ABEYANCE AND ORDER
Defendants.
13
16
Plaintiff,
KRISTI NOEM, et al., 1
12
15
Case No. 2:24-cv-01970-JHC
Plaintiff and Defendants, by and through their counsel of record, pursuant to Federal Rule
of Civil Procedure 6 and Local Rules 7(d)(1), 10(g) and 16, hereby jointly stipulate and move to
stay these proceedings until August 13, 2025. 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 schedule an interview and adjudicate her asylum
application. Defendants’ response to the Complaint is currently due on February 3, 2025. The
21
22
23
24
Pursuant to Federal Rule of Civil Procedure 25(d), Defendants substitute Department of Homeland Security Kristi
Noem for Alejandro Mayorkas and U.S. Citizenship and Immigration Services (“USCIS”) Acting Director Jennifer
B. Higgins for Ur M. Jaddou.
1
STIPULATED MOTION FOR ABEYANCE & ORDER
[Case No. 2:24-cv-01970-JHC] - 1
1 parties are currently working towards a resolution to this litigation. For good cause, the parties
2 request that the Court hold the case in abeyance until August 13, 2025.
3
Courts have “broad discretion” to stay proceedings. Clinton v. Jones, 520 U.S. 681, 706
4 (1997). “[T]he power to stay proceedings is incidental to the power inherent in every court to
5 control the disposition of the causes on its docket with economy of time and effort for itself, for
6 counsel, and for litigants.” Landis v. N. Am. Co., 299 U.S. 248, 254 (1936); see also Fed. R. Civ.
7 P. 1.
8
With additional time, this case may be resolved without the need of further judicial
9 intervention. USCIS has scheduled Plaintiff’s asylum interview for April 15, 2025. USCIS agrees
10 to diligently work towards completing the adjudication within 120 days of the interview, absent
11 unforeseen or exceptional circumstances that would require additional time for adjudication. If
12 the adjudication is not completed within that time, USCIS will provide a status report to the Court.
13 Plaintiff will submit all supplemental documents and evidence, if any, to USCIS seven to ten days
14 prior to the interview date. Plaintiff recognizes that failure to submit documents prior to the
15 interview may require the interview to be rescheduled and the adjudication delayed. If needed,
16 Plaintiff will bring an interpreter to the interview, otherwise the interview will need to be
17 rescheduled and the adjudication delayed. Once the application is adjudicated, Plaintiff will
18 dismiss the case with each party to bear their own litigation costs and attorneys’ fees. Accordingly,
19 the parties request this abeyance to allow USCIS to conduct Plaintiff’s asylum interview and then
20 process her asylum application.
21
As additional time is necessary for this to occur, the parties request that the Court hold the
22 case in abeyance until August 13, 2025. The parties will submit a status update on or before
23 August 13, 2025.
24
STIPULATED MOTION FOR ABEYANCE & ORDER
[Case No. 2:24-cv-01970-JHC] - 2
1
DATED this 28th day of January, 2025.
2
Respectfully submitted,
3
TESSA M. GORMAN
United States Attorney
O’SULLIVAN LAW OFFICE
s/ Jane Marie O’Sullivan
JANE MARIE O’SULLIVAN WSBA#34486
O’Sullivan Law Office
2417 Pacific Avenue SE, 2nd Floor
Olympia, Washington 98501
Phone: 206-340-9980
Email: jane@osullivanlawoffice.com
Attorney for Plaintiff
9
s/ Michelle R. Lambert
MICHELLE R. LAMBERT, NYS #4666657
Assistant United States Attorney
United States Attorney’s Office
Western District of Washington
1201 Pacific Avenue, Suite 700
Tacoma, Washington 98402
Phone: (253) 428-3824
Fax: (253) 428-3826
Email: michelle.lambert@usdoj.gov
10
Attorneys for Defendants
11
I certify that this memorandum contains 395
words, in compliance with the Local Civil Rules.
4
5
6
7
8
12
13
14
15
16
17
18
19
20
21
22
23
24
STIPULATED MOTION FOR ABEYANCE & ORDER
[Case No. 2:24-cv-01970-JHC] - 3
1
2
3
ORDER
The case is held in abeyance until August 13, 2025. The parties shall submit a status
update on or before August 13, 2025. It is so ORDERED.
4
5
DATED this 28th day of January 2025.
6
7
JOHN H. CHUN
United States District Judge
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STIPULATED MOTION FOR ABEYANCE & ORDER
[Case No. 2:24-cv-01970-JHC] - 4
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?