Lazcano v. Miller

• Court: District Court, W.D. Washington
• Decided: February 28, 2023
• Docket: 2:22-cv-01776
• Status: Unknown

Opinion

] 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON 9 AT SEATTLE 10 || ABEL LAZCANO, et al., No. 2:22-cv-1776RSL 11 Plaintiffs, STIPULATED MOTION TO HOLD CASE IN ABEYANCE AND 12 v. ORDER 13 LOREN K. MILLER, ef al., 14 Defendants. 15 16 Plaintiffs brought this litigation pursuant to the Administrative Procedure Act seeking, 17 inter alia, to compel the U.S. Citizenship and Immigration Services (“USCIS”) to complete th 18 processing of Plaintiffs’ Form I-601A, Application for Provisional Unlawful Presence Waiver, an 19 thereafter for the State Department to schedule a DS-260 immigrant visa interview at the U.S,

1 Consulate in Ciudad Juarez, Mexico. Defendants have not yet responded to the complaint. Fo 32 || good cause, the parties request that the case be held in abeyance until April 28, 2023. 23 Courts have “broad discretion” to stay proceedings. Clinton v. Jones, 520 U.S. 681, 70 24 (1997). “[T]he power to stay proceedings is incidental to the power inherent in every court t 25 control the disposition of the causes on its docket with economy of time and effort for itself, fo 26 27 STIPULATED MOTION TO HOLD CASE IN UNITED STATES ATTORNEY ABEYANCE -1 700 STEWART STREET, SUITE 5220 (22-cv-1776RSL SEATTLE, WASHINGTON 98101

1 counsel, and for litigants.” Landis v. N. Am. Co., 299 U.S. 248, 254 (1936); see also Fed. R. Civ. 2 ||P. 1. 3 USCIS issued a Request for Evidence (“RFE”) on January 11, 2023. Plaintiffs responde 4 || to the RFE earlier this month. Prior to adjudication, USCIS must review and consider the RF response. The State Department cannot schedule an interview until the I-601A has bee 6 adjudicated. As additional time is necessary for this to occur, the parties request that the Cou 7 old the case in abeyance unti Tl > . e parties will submit a joint status report on o hold th in abey il April 28, 2023. The parti ill submit a joi p 9 before April 28, 2023. 10 || Dated: February 23, 2023 Respectfully submitted, 11 NICHOLAS W. BROWN 12 United States Attorney I s/Michelle R. Lambert 14 MICHELLE R. LAMBERT, NYS #4666657 Assistant United States Attorney 15 United States Attorney’s Office 1201 Pacific Avenue, Suite 700 16 Tacoma, Washington 98402 17 Phone: 206-428-3824 Email: michelle.lambert@usdoj.gov 18 Attorneys for Defendants 19 0 s/Clayton Cook-Mowery CLAYTON COOK-MOWERY 71 WSBA#41110 Quiroga Law Office, PLLC 22 505 N. Argonne Road, Suite B109 Spokane Valley, Washington 99212 23 Phone: 509-927-3840 4 Email: clay@quirogalawoffice.com Attorneys for Plaintiffs 25 26 27 STIPULATED MOTION TO HOLD CASE IN UNITED STATES ATTORNEY ABEYANCE -2 700 STEWART STREET, SUITE 5220 (22-cv-1776RSL SEATTLE, WASHINGTON 98101

ORDER 2 The case is held in abeyance until April 28, 2023. The parties shall submit a joint status 3 report on or before April 28, 2023. It is so ORDERED. 4 5 DATED this 28th day of February, 2023. 6 MWh S Carmike

9 United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 STIPULATED MOTION TO HOLD CASE IN UNITED STATES ATTORNEY ABEYANCE -3 700 STEWART STREET, SUITE 5220 (22-cv-1776RSL SEATTLE, WASHINGTON 98101