Flores Tejada v. Godfrey

• Court: District Court, W.D. Washington
• Decided: June 25, 2020
• Docket: 2:16-cv-01454
• Status: Unknown

Opinion

1 Judge James L. Robart 2 Magistrate Judge Brian A. Tsuchida 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 FOR THE WESTERN DISTRICT OF WASHINGTON 12 AT SEATTLE 13 14 ARTURO MARTINEZ BAÑOS, et al., ) No. 2:16-cv-01454-JLR-BAT 15 Petitioners-Plaintiffs ) 16 v. ) JOINT MOTION TO STAY 17 ) PROCEEDINGS 18 ELIZABETH GODFREY, et al., ) 19 Respondents-Defendants. ) 20 ______________________________ ) 21 22 On April 7, 2020, and June 1, 2020, the United States Circuit Court for the Ninth Circuit 23 issued its opinion and mandate affirming in part, reversing in part, and vacating in part this 24 Court’s order adopting Chief Magistrate Judge Tsuchida’s report and recommendation on the 25 parties’ cross-motions for summary judgment, and remanding the case to this Court for further 26 proceedings. See Flores Tejada v. Godfrey, et al., 954 F.3d 1245 (9th Cir. 2020). Thereafter, on 27 June 12, 2020, this Court issued an order asking the parties to file, within fourteen days, a joint

28 JOINT MOTION TO Department of Justice, Civil Division STAY PROCEEDINGS Office of Immigration Litigation 1 status report proposing how the Court should proceed on remand. The parties, by and through 2 their undersigned attorneys of record, move this Court to stay proceedings in this case until the 3 time to file a petition for a writ of certiorari before the Supreme Court of the United States has 4 elapsed. The Supreme Court of the United States issued a miscellaneous order on March 19, 2020, 5 extending the time to file petitions for writs of certiorari. Specifically, in light of the public 6 7 health concerns related to COVID-19, the Supreme Court ordered that “the deadline to file any 8 petition for a writ of certiorari due on or after the date of this order is extended to 150 days from 9 the date of the lower court judgment, order denying discretionary review, or order denying a 10 timely petition for rehearing. See Rules 13.1 and 13.3.” Miscellaneous Order, 592 U.S. __ 11 (Mar. 19, 2020).1 The Ninth Circuit published its Opinion in this case on April 7, 2020, after the 12 13 Supreme Court’s March 19, 2020, miscellaneous order. As such, the time to file a petition for a 14 writ of certiorari in this case is still running and will not elapse until September 4, 2020. 15 In the interests of justice and judicial economy, the parties thus jointly ask this court to 16 stay all proceedings in this case until September 5, 2020, when the time to file a certiorari 17 18 petition before the Supreme Court has elapsed as Defendants are currently determining whether 19 they will file a petition for certiorari in this matter. Entry of an order granting this joint request 20 will not prejudice the class members’ interests as they will continue to receive bond hearings 21 after 180 days of detention. 22

23 Dated: June 24, 2020 Respectfully submitted, 24 JOSEPH H. HUNT 25 Assistant Attorney General Civil Division 26

27 1 https://www.supremecourt.gov/orders/courtorders/031920zr_d1o3.pdf (last visited, June 23, 2020).

28 JOINT MOTION TO Department of Justice, Civil Division STAY PROCEEDINGS Office of Immigration Litigation 1 WILLIAM C. PEACHEY Director, Office of Immigration Litigation 2

3 KATHERINE J. SHINNERS Senior Litigation Counsel 4 District Court Section

6 /s/ Gladys M. Steffens Guzmán GLADYS M. STEFFENS GUZMÁN 7 Trial Attorney District Court Section 8 Office of Immigration Litigation 9 P.O. Box 868, Ben Franklin Station Washington, DC 20044 10 Tel: 202.305.7181 11 eMail: Gladys.Steffens-Guzman@usdoj.gov 12 Attorneys for Defendants 13

14 s/ Matt Adams

15 Matt Adams, WSBA No. 28287 Aaron Korthuis 16 NORTHWEST IMMIGRANT RIGHTS PROJECT 17 615 Second Ave., Suite 400 Seattle, WA 98104 18 Tel: (206) 957-8611 matt@nwirp.org 19 Attorneys for Plaintiffs 20

21 22 23 24 25 26 27

28 JOINT MOTION TO Department of Justice, Civil Division STAY PROCEEDINGS Office of Immigration Litigation 1 Judge James L. Robart 2 Magistrate Judge Brian A. Tsuchida 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 FOR THE WESTERN DISTRICT OF WASHINGTON 12 AT SEATTLE 13 14 ARTURO MARTINEZ BAÑOS, et al. ) No. 2:16-cv-01454-JLR-BAT 15 Petitioners-Plaintiffs ) 16 v. ) ORDER GRANTING JOINT 17 ) MOTION TO STAY 18 ) PROCEEDINGS 19 ELIZABETH GODFREY, et al., ) 20 Respondents-Defendants. ) 21 ______________________________ ) 22 The Court, having reviewed the pleadings and materials in this case, it is hereby 23 ORDERED that: 24 The Joint Motion to Stay Proceedings is GRANTED. Proceedings in this case are stayed 25 until September 5, 2020. The parties shall file a joint status report advising the court of the 26 JLR 27 // 28 ORDER GRANTING JOINT MOTION TO STAY PROCEEDINGS status of this matter by no later than September 5, 2020. JLR 1 2 DATED this _2_5_th_ day of ___Ju_n_e____________, 2020. 3 4 A 5 _____________________ JAMES L. ROBART 6 District Judge United Stated District Court 7 Western District of Washington 8 9 10 11 12 13 14 Presented by: 15 GLADYS M. STEFFENS GUZMÁN 16 17 /s/ Gladys M. Steffens Guzmán GLADYS M. STEFFENS GUZMÁN 18 Office of Immigration Litigation Department of Justice, Civil Division 19 Trial Attorney, District Court Section 20 P.O. Box 868, Ben Franklin Station Washington, DC 20001 21 Telephone: (202) 305-7181 Facsimile: (202) 305-1890 22 23 E-Mail: gladys.steffens-guzman@usdoj.gov 24 25 26 27 28 ORDER GRANTING JOINT MOTION TO STAY PROCEEDINGS