Mahnaz Malekpour Mansoorkhani v. Kristi Noem, et al.

Opinion

1 District Judge Kymberly K. Evanson

WESTERN DISTRICT OF WASHINGTON

9 MAHNAZ MALEKPOUR No. 2:25-cv-294-KKE STIPULATED MOTION TO STAY AND 11 Plaintiff, ORDER

12 v. Noted for: October 24, 2025

13 KRISTI NOEM, et al.,

14 Defendants.

15 16 Defendants respectfully request a stay of the proceedings in this case due to the lapse of 17 appropriations to the Department of Justice (the Department). Plaintiff brought this litigation 18 pursuant to the Administrative Procedure Act seeking to compel U.S. Citizenship and Immigration 19 Services (“USCIS”) to adjudicate her asylum application. This case is currently stayed through 20 November 5, 2025, as the parties were working on resolving the litigation prior to the government 21 shutdown. Good cause exists for continuing to stay the proceedings, and the interests of justice and 22 judicial economy will be served by granting this motion. Defendants’ counsel has conferred with 23 Plaintiff’s counsel who has agreed to stipulate to the requested relief of a stay followed by a joint 24 1 status report once appropriations are restored. The Department provides the following background 2 for the Court’s consideration. 3 At the end of the day on September 30, 2025, funding to the Department expired and its 4 appropriations lapsed. The same is true for many Executive agency clients with whom Department

5 attorneys must coordinate their litigation activities. The Department does not know when funding 6 will be restored by Congress. 7 Absent an appropriation, certain Department attorneys and employees of the federal 8 government are prohibited from working, even on a voluntary basis, except in very limited 9 circumstances, including “emergencies involving the safety of human life or the protection of 10 property.” 31 U.S.C. § 1342. The term “‘emergencies involving the safety of human life or the 11 protection of property’ does not include ongoing, regular functions of government the suspension of 12 which would not imminently threaten the safety of human life or the protection of property.” Id. 13 Therefore, the lapse in appropriations requires a reduction in the workforce of the United States 14 Attorney’s Office, particularly with respect to prosecution and defense of civil cases.

15 District courts have inherent power to stay proceedings in cases. Oregon Mut. Ins. Co. v. 16 Ham & Rye, LLC, No. C10-579RJB, 2010 WL 2787852, at *3 (W.D. Wash. July 14, 2010). The 17 “power to stay is ‘incidental to the power inherent in every court to control the disposition of the 18 causes on its docket with economy of time and effort for itself, for counsel, and for litigants.’” Id. 19 (citing Landis v. North American Co., 299 U.S. 248, 254 (1936)). When determining whether to 20 stay proceedings, a court should weigh the “competing interests which will be affected by the 21 granting or refusal to grant a stay,” including “the possible damage which may result from the 22 granting of a stay, the hardship or inequity which a party may suffer in being required to go forward, 23 and the orderly course of justice measured in terms of the simplifying or complicating of issues,

24 1 proof, and questions of law which could be expected to result from a stay.” Lockyer v. Mirant Corp., 2 398 F.3d 1098, 1110 (9th Cir. 2005) (internal quotation omitted). 3 The above factors weigh in favor of granting a stay of proceedings in cases handled by the 4 United States Attorney’s Office, including this case. Most Assistant United States Attorneys and

5 support staff in the Civil Division will be furloughed for the duration of the lapse in appropriations 6 and will be unable to perform critical case work. For example, attorneys will not be able to engage 7 in discovery, review case materials, prepare motions, engage in settlement discussions, or prepare 8 for trial. 9 Specific to this case, Defendants will not be able to meet the next deadline to submit a joint 10 status report, which is currently set for November 5, 2025. A stay of this litigation should not 11 prejudice Plaintiff. USCIS’s operations, as relevant to this litigation, have not been impacted by the 12 lapse in appropriations. Thus, USCIS continues to process Plaintiff’s application. The parties will 13 confer about this matter once the lapse of appropriations has ended and Defendants’ counsel may 14 work on this case.

15 Accordingly, Defendants request the Court stay this case for the duration of the current lapse 16 of appropriations. As set forth in the proposed order, Defendants further request that the stay be 17 lifted automatically and immediately as soon as the lapse of appropriations has ended. Defendants 18 ask the Court to order the parties to confer and file a joint status report within ten court days after 19 the restoration of funding. 20 Based on the foregoing, Defendants respectfully request this case be stayed for the duration 21 of the current lapse in appropriations. 22 // 23 //

24 1 Dated: October 24, 2025 Respectfully submitted, 2 CHARLES NEIL FLOYD United States Attorney 3 s/Michelle R. Lambert 4 MICHELLE R. LAMBERT, NYS #4666657 Assistant United States Attorney 5 United States Attorney’s Office 1201 Pacific Avenue, Suite 700 6 Tacoma, Washington 98402 Phone: 253-428-3824 7 Email: michelle.lambert@usdoj.gov Attorneys for Defendants 8 I certify that this memorandum contains 722 words, in 9 compliance with the Local Civil Rules.

10 s/ Myrna I. Luna MYRNA I. LUNA, WSBA# 57440 11 Crescent Law, PLLC 4957 Lakemont Blvd SE, Ste C-4328 12 Bellevue, Washington 98006 Phone: 425-832-2030 13 Email: attorney@crescent-law.com Attorneys for Plaintiff 14

24 2 Pursuant to the parties’ Stipulated Motion, it is hereby ORDERED that the above captioned 3 proceeding is stayed for the duration of the current lapse of appropriations. It is ORDERED that 4 this stay be lifted automatically and immediately as soon as the lapse of appropriations has ended.

5 It is further ORDERED that the parties are to confer and file a joint status report within ten court 6 days after the restoration of funding. 7 DATED this 28th day of November, 2025. 8

10 A 11 Kymberly K. Evanson 12 United States District Judge

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