A.H.Z v. Mayorkas et al

Filing 10

ORDER. The case is held in abeyance until 8/15/2025. The parties shall submit a status update on or before 8/15/2025. Signed by Judge John H. Chun. (MJV)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 10 A.H.Z., Case No. 2:24-cv-01983-JHC v. 11 Plaintiff, 12 KRISTI NOEM, et al., 1 Defendants. 13 14 15 16 17 18 19 20 STIPULATED MOTION TO HOLD CASE IN ABEYANCE AND ORDER Noted for Consideration: January 27, 2025 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 15, 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 his asylum application. Defendants’ response to the Complaint is currently due on February 4, 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-01983-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 15, 2025. Courts have “broad discretion” to stay proceedings. Clinton v. Jones, 520 U.S. 681, 706 3 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. With additional time, this case may be resolved without the need of further judicial 8 9 intervention. USCIS has scheduled Plaintiff’s asylum interview for April 17, 2025. USCIS 10 agrees to diligently work towards completing the adjudication within 120 days of the interview, 11 absent unforeseen or exceptional circumstances that would require additional time for 12 adjudication. If the adjudication is not completed within that time, USCIS will provide a status 13 report to the Court. Plaintiff will submit all supplemental documents and evidence, if any, to 14 USCIS seven to ten days prior to the interview date. Plaintiff recognizes that failure to submit 15 documents prior to the interview may require the interview to be rescheduled and the 16 adjudication delayed. If needed, Plaintiff will bring an interpreter to the interview, otherwise the 17 interview will need to be rescheduled and the adjudication delayed. Once the application is 18 adjudicated, Plaintiff will dismiss the case with each party to bear their own litigation costs and 19 attorneys’ fees. Accordingly, the parties request this abeyance to allow USCIS to conduct 20 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 21 22 the case in abeyance until August 15, 2025. The parties will submit a status update on or before 23 August 15, 2025. 24 // STIPULATED MOTION FOR ABEYANCE & ORDER [Case No. 2:24-cv-01983-JHC] - 2 1 DATED this 27th day of January, 2025. 2 Respectfully submitted, 3 TESSA M. GORMAN United States Attorney 4 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: (253) 428-3824 Fax: (253) 428-3826 9 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. 12 13 14 15 16 17 18 19 20 21 22 23 24 STIPULATED MOTION FOR ABEYANCE & ORDER [Case No. 2:24-cv-01983-JHC] - 3 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 1 ORDER 2 The case is held in abeyance until August 15, 2025. The parties shall submit a status 3 4 update on or before August 15, 2025. It is so ORDERED. DATED this 27th day of January, 2025. 5 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-01983-JHC] - 4

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