A. v. Lehman

Opinion

WESTERN DISTRICT OF WASHINGTON

8 W.A., et al., No. 2:24-cv-00849-JHC 9 Plaintiffs, SECOND STIPULATED MOTION TO 10 HOLD CASE IN ABEYANCE AND v. ORDER 11 DANIELLE LEHMAN, et al., Noted for Consideration: 12 December 9, 2024 Defendants. 13

14 15 Plaintiffs and Defendants (the “parties”), pursuant to Federal Rule of Civil Procedure 6 and 16 Local Rules 7(d)(1), 10(g) and 16, hereby jointly stipulate and move to continue to stay these 17 proceedings until January 16, 2025. Plaintiffs are 12 individuals who bring this litigation pursuant 18 to the Administrative Procedure Act seeking, inter alia, to compel U.S. Citizenship and 19 Immigration Services (“USCIS”) to (1) schedule interviews for Plaintiffs who have a pending 20 Form I-589, Application for Asylum and for Withholding of Removal (“asylum application”) and 21 have not yet been scheduled for an interview and (2) adjudicate Plaintiffs’ asylum applications. 22 This case is currently stayed through December 17, 2024. Dkt. No. 8. USCIS has since adjudicated 23 11 out of the 12 Plaintiffs’ asylum applications. Only one application remains. USCIS requests 24 1 additional time to adjudicate this remaining asylum application. For good cause, the parties request 2 that this Court continue to hold the case in abeyance until January 16, 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). 7 With additional time, this case may resolve without the need for further judicial intervention. 8 USCIS has adjudicated asylum applications for 11 out of the 12 Plaintiffs in this matter. USCIS 9 conducted the remaining Plaintiff’s asylum interview on September 24, 2024. That case remains 10 under review and USCIS requires additional time to adjudicate the asylum application. 11 As additional time is necessary for this to occur, the parties request that the Court hold the 12 case in abeyance until January 16, 2025. The parties will submit a joint status report on or before 13 January 16, 2025. The parties further request that the August 15, 2024, Order for the parties to 14 submit a joint status report by December 17, 2024, be vacated. Dkt. No. 8.

15 Dated: December 9, 2024 Respectfully submitted, Principal Deputy Assistant Attorney General 17 SAMUEL P. GO 18 Assistant Director

19 s/ Ian S. Lam IAN S. LAM (DC Bar No. 90017495) 20 Trial Attorney U.S. Department of Justice 21 Office of Immigration Litigation General Litigation and Appeals Section 22 P.O. Box 878, Ben Franklin Station Washington, DC 20044 23 Telephone: (202) 307-6329 Facsimile: (202) 305-7000 24 1 E-mail: Ian.S.Lam@usdoj.gov

2 Attorneys for Defendants

3 I certify that this memorandum contains 338 words, in compliance with the Local 4 Civil Rules.

5 s/ Devin T. Theriot-Orr (with permission) DEVIN T. THERIOT ORR 6 Open Sky Law, PLLC 20415 72nd Ave S., Ste 110 Telephone: (206) 962-5052 7 Facsimile: (206) 681-9663 E-mail: devin@opensky.law 8 s/ Whitney C. Wootton (with permission) Open Sky Law, PLLC 20415 72nd Ave S., Ste 110 10 Telephone: (206) 962-5052 Facsimile: (206) 681-9663 11 E-mail: whitney@opensky.law

12 Attorneys for Plaintiffs

14 15 16 17 18 19 20 21 22 23 24 4 The Court GRANTS the motion. The case is held in abeyance until January 16, 2025.

3 The parties shall submit a joint status report on or before January 16, 2025. The Order for the

4 parties to submit a joint status report by December 17, 2024, is vacated. Dkt. No. 8. It is so

6 DATED this 9th day of December, 2024.

7 C]cbka._# Chur United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STIPULATED MOTION FOR ABEYANCE & ORDER - 4 Case No. 2:24-cv-00849-JHC