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 EXTEND v. DEADLINE AND [PROPOSED] ORDER ALEJANDRO MAYORKAS, et al., Noted for Consideration: December 20, 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 60-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, 912 (9th Cir. 1986). Good cause exists to extend Defendants’ response deadline to February 25, 2025. 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 his wife and children in December 2018. With additional time, this case may be resolved without the need of further judicial intervention. The USCIS Nairobi Field Office interviewed the beneficiaries on December 18, 2024. The cases are now undergoing routine background and

security vetting. If found eligible after the review, USCIS Nairobi Field Office will work to coordinate and complete medical examinations, request sponsorship assurances, and complete any final background checks and eligibility determinations. After the results are obtained and assuming none of the beneficiaries are subject to a medical ineligibility, then USCIS will request sponsorship assurances and complete any final security checks and eligibility determinations necessary to finalize processing. Therefore, the parties agree to and propose that Defendants’ deadline to respond to the Complaint be extended to February 25, 2024 2025. //

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DATED this 20th day of December, 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 South, Suite 1000 United States Attorney’s Office Seattle, Washington 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 I certify that this memorandum contains 263 STEVEN A. ZALESIN*, NYS #2070134 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, New York 10036 Phone: (212) 336-2000 Email: sazalesin@pbwt.com ssofer@pbwt.com ebrill@pbwt.com * Pro Hac Vice Admitted Attorneys for Plaintiff [PROPOSED] ORDER Defendants’ deadline to respond to the Complaint is extended to February 25, 2025. It is so ORDERED.

DATED this 20th day of December, 2024. A JAMES L. ROBART United States District Judge