Mohamed v. Dillard

Opinion

District Judge Jamal N. Whitehead

WESTERN DISTRICT OF WASHINGTON

AMINA ALI MOHAMED, Case No. 2:24-cv-01799-JNW Plaintiff, STIPULATED MOTION TO HOLD v. CASE IN ABEYANCE AND [PROPOSED] ORDER MARC D. DILLARD, et al.,1 Noted for Consideration: Defendants. March 6, 2025

Plaintiff 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 through April 9, 2025. Plaintiff brings this litigation pursuant to the Administrative Procedure Act and Mandamus Act seeking, inter alia, to compel Defendants to readjudicate Plaintiff’s husband’s immigrant visa application. This case is currently stayed through March 10, 2025. Dkt. No. 7, Order. For good cause, the parties request that the Court continue to hold this case in abeyance through April 9, 2025. 1 Pursuant to Federal Rule of Civil Procedure 25(d), Defendants substitute Secretary of State Marco Rubio for former Secretary Antony Blinken. 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. With additional time, this case may be resolved without the need of further judicial intervention. Plaintiff’s husband’s visa application remains refused under 8 U.S.C. § 1201(g) for required security screening. Security screening was very recently completed. The consular officer at the U.S. Embassy in Nairobi expects to review the visa application file to determine the additional steps required in processing the visa application. Additional time is required for this process to continue. Accordingly, the parties respectfully request that the instant action be stayed until April 9, 2025. The parties will submit a joint status report on or before April 9, 2025. DATED this 6th day of March, 2025.

Respectfully submitted,

TEAL LUTHY MILLER GOLDSTEIN IMMIGRATION LAWYERS Acting United States Attorney s/ Michelle R. Lambert s/Joshua L. Goldstein MICHELLE R. LAMBERT, NYS #4666657 JOSHUA L. GOLDSTEIN, WSBA# 61773 Assistant United States Attorney Goldstein Immigration Lawyers United States Attorney’s Office 611 Wilshire Boulevard, Ste. 317 Western District of Washington Los Angeles, California 90017 1201 Pacific Avenue, Suite 700 Phone: 213-425-1979 Tacoma, Washington 98402 Email: jg@jgoldlaw.com Phone: (206) 553-7970 Attorneys for Plaintiff Fax: (206) 553-4067 Email: michelle.lambert@usdoj.gov

Attorneys for Defendants

I certify that this memorandum contains 269 words, in compliance with the Local Civil Rules. [PROPOSED] ORDER The case is held in abeyance until April 9, 2025. The parties shall submit a joint status report on or before April 9, 2025. It is so ORDERED.

DATED this 7th day of March, 2025. A United States District Judge