Phetsadakone v. Scott

Opinion

1 District Judge Jamal N. Whitehead Magistrate Judge Brian A. Tsuchida 2 3 4 5 6 7 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE 9 CHITTAKONE PHETSADAKONE, Case No. 2:25-cv-01678-JNW-BAT 10 Petitioner, STIPULATED MOTION TO HOLD 11 v. CASE IN ABEYANCE AND 12 BRUCE SCOTT, et al., Noted for Consideration: 13 Respondent. September 25, 2025 14 15 For good cause, Petitioner and Federal Respondents, by and through their counsel of 16 record, pursuant to Federal Rule of Civil Procedure 6 and Local Rules 7(d)(1) and 10(g), hereby 17 jointly stipulate and move to stay these proceedings until November 18, 2025. 18 Petitioner brought this habeas litigation pursuant to 28 U.S.C § 2241 alleging that his 19 U.S. Immigration and Customs Enforcement’s (“ICE”) unlawfully revoked his order of 20 supervision. Dkt. No. 1. The habeas petition further seeks a stay of Petitioner’s removal to any 21 country while his motion for coram nobis is pending in his criminal matter in the district court 22 and while a subsequent motion to reopen pends before the Board of Immigration Appeals 23 (“BIA”). Finally, the habeas seeks an injunction of Petitioner’s removal to a third country 24 without notice and opportunity to be heard in reopened removal proceedings. Petitioner also 1 filed a motion for a temporary restraining order seeking substantially the same relief for the 2 pendency of the habeas proceedings. Dkt. No. 2. Federal Respondents opposed the motion, and 3 the Court held a hearing on the matter. 4 On September 5, 2025, this Court issued a temporary restraining order requiring ICE to

5 release Petitioner from custody and prohibiting ICE from redetaining Petitioner in connection 6 with his existing removal order without prior approval from the Court or the expiration of the 7 Order. Dkt. No. 21. Phetsadakone was released from ICE custody. The parties have proposed a 8 briefing schedule for preliminary injunction briefing. Dkt. No. 22. However, the parties are 9 currently working towards a resolution to this litigation, which would cause any further briefing 10 to be unnecessary. 11 Courts have “broad discretion” to stay proceedings. Clinton v. Jones, 520 U.S. 681, 706 12 (1997). “[T]he power to stay proceedings is incidental to the power inherent in every court to 13 control the disposition of the causes on its docket with economy of time and effort for itself, for

14 counsel, and for litigants.” Landis v. N. Am. Co., 299 U.S. 248, 254 (1936); see also Fed. R. Civ. 15 P. 1. 16 With additional time, this case may be resolved without the need of further judicial 17 intervention. If settlement cannot be achieved, the parties will notify the Court and propose a 18 new briefing schedule. If settlement is achieved, Petitioner will voluntarily dismiss this 19 litigation. 20 As additional time is necessary, the parties request that the Court hold the case in 21 abeyance until November 18, 2025. If Petitioner does not voluntarily dismiss this case prior to 22 that date, the parties will submit a status update on or before November 18, 2025. 23 //

24 // 1 DATED this 25th day of September, 2025. 2 Respectfully submitted, 3 TEAL LUTHY MILLER STRITMATTER KESSLER KOEHLER Acting United States Attorney MOORE 4 s/ Michelle R. Lambert /s/ Mo Hamoudi 5 MICHELLE R. LAMBERT, NYS #4666657 MO HAMOUDI, WA #48512 Assistant United States Attorney Stritmatter Kessler Koehler Moore 6 United States Attorney’s Office 3600 15th Avenue W., #300 Western District of Washington Seattle, WA 98119 7 1201 Pacific Ave., Ste. 700 Telephone: (206) 447-1777 Tacoma, WA 98402 mo@stritmatter.com 8 Phone: (253) 428-3800 Attorney for Petitioner Fax: (253) 428-3826 9 Email: michelle.lambert@usdoj.gov 10 Attorneys for Federal Respondents SEATTLE CLEMENCY PROJECT 11 I certify that this memorandum contains 420 /s/ Jennie Pasquarella_________________ words, in compliance with the Local Civil JENNIE PASQUARELLA 12 Rules. Seattle Clemency Project, WSBA#62205 Seattle Clemency Project 13 20415 72nd Ave S Kent, Washington 98032 14 Phone: (917) 690-2038 Email: jennie@seattleclemencyproject.org 15 Attorney for Petitioner 16 17 18 19 20 21 22 23 24 1 ORDER 2 The case is held in abeyance until November 18, 2025. If the parties determine that 3 ||settlement cannot be achieved before November 18, 2025, the parties will notify the Court and 4 ||propose a new briefing schedule promptly. If settlement is achieved, Petitioner will voluntarily 5 ||dismiss this litigation. If additional time is necessary to achieve settlement, the parties will 6 ||submit a status update on or before November 18, 2025. It is so ORDERED. 4 8 DATED this 7th day of October, 2025. 9 10

nited States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 STIPULATED MOTION UNITED STATES ATTORNEY [Case No. 2:25-cv-01678-JNW-BAT] - 4 1201 PACIFIC AVE., STE. 700