Andrew v. Mayorkas

Opinion

District Judge James L. Robart WESTERN DISTRICT OF WASHINGTON RWANGOKO ANDREW, Case No. 2:24-cv-01375-JLR Plaintiff, STIPULATED MOTION TO CONTINUE 1] v. DEADLINE AND [PROPOSED] ORDER ALEJANDRO MAYORKAS, et al., Noted for Consideration: November 12, 2024 Defendants. Plaintiff Rwangoko Andrew and Defendants, through their respective counsel, pursuant to Federal Rule of Civil Procedure 6 and Local Rules 10(g) and 16, and hereby jointly stipulate and move for a 45-day extension of the deadline for Defendants to respond to the Complaint. A court may modify a deadline for good cause. Fed. R. Civ. P. 6(b). Continuing pretrial and trial dates is within the discretion of the trial judge. See King v. State of California, 784 F.2d 910, (9th Cir. 1986). Good cause exists to extend Defendants’ response deadline to December 2024. Plaintiff brings this lawsuit pursuant to the Administrative Procedure Act and the Mandamus Act to compel the U.S. Citizenship and Immigration Services (“USCIS”) to }adjudicate the Forms I-730, Refugee/Asylee Relative Petitions, that Plaintiff filed on behalf of STIPULATED MOTION AND [PROPOSED ORDER UNITED STATES ATTORNEY [Case No. 2:24-cv-01375-JLR] - 1 1201 PACIFIC AVE., STE. 700

his wife and children in December 2018. Recently, USCIS has transferred the petitions to the USCIS Nairobi Field Office for scheduling of the interviews. The parties seek this extension to allow the petitions to reach the Nairobi Field Office. At that time, the parties will have a better understanding of the timeframe required to complete the processing of the petitions.

Therefore, the parties agree to and propose that Defendants’ deadline to respond to the Complaint be extended to December 27, 2024. DATED this 12th day of November, 2024. Respectfully submitted, United States Attorney s/ Michelle R. Lambert s/ Diana Siri Breaux MICHELLE R. LAMBERT, NYS #4666657 DIANA SIRI BREAUX, WSBA #46112 Assistant United States Attorney 315 Fifth Avenue S., Suite 1000 United States Attorney’s Office Seattle, WA 98104 Western District of Washington Phone: (206) 676-7000 1201 Pacific Avenue, Suite 700 Email: dianab@summitlaw.com Tacoma, Washington 98402 Phone: (253) 428-3824 Fax: (253) 428-3826 PATTERSON BELKNAP WEBB & TYLER Email: michelle.lambert@usdoj.gov LLP Attorneys for Defendants s/ Steven A. Zalesin STEVEN A. ZALESIN*, NYS #2070134 I certify that this memorandum contains 213 words, in compliance with the Local Civil Rules. s/ Stephanie Sofer STEPHANIE SOFER*, NYS #5882477 s/ Emma Guido Brill EMMA GUIDO BRILL*, NYS #5562699 1133 Avenue of the Americas New York, NY 10036 Phone: (212) 336-2000 Email: sazalesin@pbwt.com Email: ssofer@pbwt.com Email: ebrill@pbwt.com *Pro Hac Vice Admitted Attorneys for Plaintiff [PROPOSED] ORDER Defendants’ deadline to respond to the Complaint is extended to December 27, 2024. It is so ORDERED.

DATED this _13th_ day of ____November_____, 2024. A JAMES L. ROBART United States District Judge