Oveis v. United States Citizenship and Immigration Services

• Court: District Court, S.D. California
• Decided: September 17, 2024
• Docket: 3:24-cv-01428
• Status: Unknown

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 BANAFSHEH OVEIS, Case No.: 3:24-cv-01428-RBM-BLM

12 Plaintiff, ORDER GRANTING JOINT 13 v. MOTION TO STAY

14 UNITED STATES CITIZENSHIP AND [Doc. 5] IMMIGRATION SERVICES, et al., 15 Defendants. 16 17 18 On September 5, 2024, Plaintiff Banafsheh Oveis (“Plaintiff”) and Defendants 19 United States Citizenship and Immigration Services (“USCIS”)1 and The Los Angeles 20 Asylum Office (together, the “Federal Defendants”) (Plaintiff and the Federal Defendants 21 collectively, the “Parties”) jointly moved this Court to stay the above-captioned litigation 22 (“Joint Motion”). (Doc. 5.) The Parties explained that they are working towards an 23 extrajudicial resolution of Plaintiff’s application for asylum and that “USCIS has scheduled 24 an [asylum] interview for Plaintiff on June 24, 2025.” (Id. at 1.) The Parties estimated that 25 adjudication of Plaintiff’s application can be completed within 120 days of the interview. 26 27 28 1 1 ||Ud.) Therefore, without waiving the Federal Defendants’ rights to defend the causes of 2 ||action and allegations contained in Plaintiff's complaint, the Parties request that this 3 || litigation be stayed until October 22, 2025. (d. at 2.) 4 District courts have “broad discretion to stay proceedings as an incident to its power 5 control its own docket.” Clinton v. Jones, 520 U.S. 681, 706 (1997). Granting a stay 6 || “is appropriate when it serves the interests of judicial economy and efficiency.” Rivers v. 7 || Walt Disney Co., 980 F. Supp. 1358, 1360 (C.D. Cal. 1997). A district court “may ... find 8 is efficient for its own docket and the fairest course for the parties to enter a stay of an 9 || action before it, pending resolution of independent proceedings which bear upon the case.” 10 || Leyva v. Certified Grocers of Cal., Ltd., 593 F.2d 857, 863 (9th Cir. 1979). That “rule 11 ||}applies whether the separate proceedings are judicial, administrative, or arbitral in 12 ||character ....” Id. at 863-64. 13 Based on the foregoing, the Parties Joint Motion is GRANTED. This litigation is 14 STAYED until October 22, 2025. If Plaintiff's Complaint is not dismissed voluntarily on 15 before October 22, 2025, the Parties must FILE a joint status report on or before 16 || October 29, 2025. 17 IT IS SO ORDERED. 18 || DATE: September 17, 2024 19 Earns, MoitggsD 20 HON. RUTH BERMUBEZ MONTENEGRO UNITED STATES DISTRICT JUDGE 21 22 23 24 25 26 27 28