Oveis v. United States Citizenship and Immigration Services

District Court, S.D. California·Decided September 17, 2024·No. 3:24-cv-01428·Unknown

Opinion

BANAFSHEH OVEIS, Case No.: 3:24-cv-01428-RBM-BLM

Plaintiff, ORDER GRANTING JOINT v. MOTION TO STAY

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

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Oveis v. United States Citizenship and Immigration Services, (S.D. Cal. 2024).

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Related

Clinton v. Jones
520 U.S. 681 (Supreme Court, 1997)
Rivers v. Walt Disney Co.
980 F. Supp. 1358 (C.D. California, 1997)