Nakalembe v. Edlow

Opinion

WESTERN DISTRICT OF WASHINGTON

MARGRET NAKALEMBE and EDU Case No. 2:25-cv-01410-JHC STIPULATED MOTION TO HOLD Plaintiffs, CASE IN ABEYANCE AND v. ORDER JOSEPH B. EDLOW, et al., Noted for Consideration: September 4, 2025. Defendants. Plaintiffs and Federal 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 stay these proceedings until January 7, 2026. Plaintiffs brought this litigation pursuant to the Administrative Procedure Act and Mandamus Act seeking, inter alia, to compel U.S. Citizenship and Immigration Services (“USCIS”) to schedule an interview and adjudicate their I-130 Petition for Alien Relative. Federal Defendants’ response to the Complaint is currently due on September 29, 2025. The parties are currently working towards a resolution to this litigation. For good cause, the parties request that the Court hold the case in abeyance until January 7, 2026. 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. USCIS has scheduled Plaintiffs’ interview for September 9, 2025. USCIS agrees to diligently work towards completing the adjudication within 120 days of the interview, absent unforeseen or exceptional circumstances that would require additional time for adjudication. If the adjudication is not completed within that time, USCIS will provide a status report to the Court. Plaintiffs will submit all supplemental documents and evidence, if any, to USCIS seven to ten days prior to the interview date. Plaintiffs recognize that failure to submit documents prior to the interview may require the interview to be rescheduled and the adjudication delayed. If needed, Plaintiffs will bring an interpreter to the interview, otherwise the interview will need to be rescheduled and the adjudication delayed. Once the application is adjudicated, Plaintiffs will dismiss the case with each party to bear their own litigation costs and attorneys’ fees. Accordingly, the parties request this abeyance to allow USCIS to conduct Plaintiffs’ interview and then process the Petition.

As additional time is necessary for this to occur, the parties request that the Court hold the case in abeyance until January 7, 2026. The parties will submit a status update on or before January 7, 2026. // // // DATED this 4th day of September, 2025. Respectfully submitted,

Acting United States Attorney s/ Kristen R. Vogel KRISTEN R. VOGEL, NY No. 5195664 Assistant United States Attorney United States Attorney’s Office Western District of Washington 700 Stewart Street, Suite 5220 Seattle, Washington 98101-1271 Phone: 206-553-7970 Fax: 206-553-4073 Email: kristen.vogel@usdoj.gov

Attorneys for Federal Defendants

I certify that this memorandum contains 397 words, in compliance with the Local Civil Rules.

s/ Bart Klein BART KLEIN, WSBA No. 10909 LAW OFFICES OF BART KLEIN 605 First Avenue, #500 Seattle, Washington 98104 Phone: 206-624-3787 Fax: 206-238-9975 Email: bart.klein@bartklein.com

Attorney for Plaintiffs

The case is held in abeyance until January 7, 2026. The parties shall submit a status jupdate on or before January 7, 2026. It is so ORDERED. DATED this 4th day of September, 2025. C Lab 4 Chuw JOHN‘H. CHUN United States District Judge 1] STIPULATED MOTION TO HOLD CASE IN ABEYANCE