Maalin v. Mayorkas

Opinion

District Judge Tana Lin

WESTERN DISTRICT OF WASHINGTON

FARTUN A. MAALIN, et al., No. 2:21-cv-1700-TL

Plaintiffs, STIPULATED MOTION TO HOLD CASE IN ABEYANCE AND v. [PROPOSED] ORDER

ALEJANDRO MAYORKAS, et al., NOTED FOR CONSIDERATION: JANUARY 3, 2023 Defendants.

Plaintiffs and Defendants, by and through their counsel of record, pursuant to Federal Rule of Civil Procedure 6 and Local Rules 7(d)(1), 10(g) and 16, hereby jointly stipulate and move to continue to stay these proceedings for thirty additional days. The case is currently stayed. Dkt. No. 30. The parties continue to work diligently towards a resolution to this litigation. Courts have “broad discretion” to stay proceedings. Clinton v. Jones, 520 U.S. 681, 706 (1997). “[T]he power to stay proceedings is incidental to the power inherent in every court to control the disposition of the causes on its docket with economy of time and effort for itself, for counsel, and for litigants.” Landis v. N. Am. Co., 299 U.S. 248, 254 (1936); see also Fed. R. Civ. P. 1. Prior to obtaining his travel foil, Plaintiff Ali is required to submit biometrics to the U.S. Consulate. He has an appointment at the Consulate in Johannesburg on January 5, 2023. Normally, the travel arrangements for beneficiaries of refugee follow-to-join petitions are made by the United Nation’s International Organization for Migration (“IOM”). However, the

beneficiary here has stated that he wishes to make his own travel arrangements. Consequently, once the beneficiary provides the Consulate with his biometrics, the Consulate will provide the beneficiary with the travel foil so that he may make his own travel arrangements to the United States. Therefore, the parties believe good cause exists to continue the stay in these proceedings to save the parties from spending unnecessary time and judicial resources on this matter. Accordingly, the parties jointly stipulate and request that the Court stay these proceedings for an additional thirty days. The parties will submit a joint status report on or before February 2, 2023. Dated: January 3, 2023

Respectfully submitted,

United States Attorney s/Michelle R. Lambert MICHELLE R. LAMBERT, NYS #4666657 Assistant United States Attorney United States Attorney’s Office 1201 Pacific Avenue, Suite 700 Tacoma, Washington 98402 Phone: 206-428-3824 Email: michelle.lambert@usdoj.gov

Attorney for Defendants

s/Jane Marie O’Sullivan JANE MARIE O’SULLIVAN WSBA#34486 O’Sullivan Law Office 2417 Pacific Avenue SE, 2nd Floor Olympia, Washington 98501 Phone: 206-340-9980 Email: jane@osullivanlawoffice.com Attorney for Plaintiffs

[PROPOSED] ORDER The parties having stipulated and agreed, it is hereby so ORDERED. The parties shall file a joint status report on or before February 2, 2023.

DATED this 4th day of January, 2023. A

Tana Lin United States District Judge