Saubhayana v. Sessions

Opinion

BRIAN M. BOYNTON Acting Assistant Attorney General Civil Division WILLIAM PEACHEY Director, District Court Section Office of Immigration Litigation ELIANIS PEREZ Assistant Director, District Court Section > || Office of Immigration Litigation MARY LARAKERS, TX Bar # 24093943 Trial Attorney U.S. Department of Justice, Civil Division Office of Immigration Litigation P.O. Box 868, Ben Franklin Station Washington, D.C. 20044 Tel: (202) 353-4419 Fax: (202) 305-7000 mary.|.larakers@usdoj.gov Counsel for Defendants SYLVIA L. ESPARZA Law Office of Sylvia L. Esparza E. Pepper Lane, Suite 105 Las Vegas, NV 89120 ! Tel: 702-853-0233 sylvia@sylviaesparzalaw.com ) Counsel for Plaintiff ve UNITED STATES DISTRICT COURT DISTRICT OF NEVADA SATHIRAWAT SAUBHAYANA, Case No. 2:17-cv-2655-JAD-EJY Plaintiff, anti ORDER GRANTING v. JOINT MOTION TO STAY CASE UNTIL DECEMBER 21, 2021 MERRICK B. GARLAND, U.S. Attorney General, et al., 2A Defendants. ECF No. 57

Plaintiff Sathirawat Saubhayana and Defendants (collectively, the “Parties’”) jointly request that the Court stay this case, until December 21, 2021, while U.S. Citizenship and Immigration Services (“USCIS”) reopens Plaintiff's Form, N-400, Application for Naturalization, and considers new evidence. See 8 C.F.R. § 103.5(a)(5) (allowing USCIS to reopen a naturalization application). On August 20, 2021, government counsel finally received the sealed documents from the Vegas Police Department (“LVPD”). See ECF No. 55. Based on its review of these documents, USCIS has agreed to sua sponte re-open Plaintiff’s naturalization application in order to consider these documents along with other evidence that Plaintiff may submit in support of his application. The Parties, therefore, request that this Court stay this case, until December 2021, to allow USCIS to time to reopen and adjudicate Plaintiff's naturalization application based on this new evidence. See Landis v. North American Co., 299 U.S. 248, 254-55 (1936) (‘[T]he power to stay proceedings is incidental to the power inherent in every court to control disposition of the causes on its docket with economy of time and effort for itself, for counsel, and for litigants.”); Al Falahi v. USCIS, No. 2:16-cv-02921-JAD-VCF, 2019 U.S. Dist. LEXIS 54960, (D. Nev. June 7, 2019) (staying case to allow USCIS to reopen and adjudicate naturalization application). The Parties propose that on or before December 21, 2021, they report the Court whether they have resolved this case such that dismissal is appropriate. Respectfully submitted, BRIAN M. BOYNTON Acting Assistant Attorney General Civil Division ELIANIS PEREZ Assistant Director Office of Immigration Litigation By: /s/ Mary L. Larakers MARY L. LARAKERS Trial Attorney U.S. Department of Justice, Civil Division

Office of Immigration Litigation P.O. Box 868, Ben Franklin Station > Washington, D.C. 20044 Tel: (202) 353-4419 Fax: (202) 305-7000 Mary.| larakers@usdoj.gov Counsel for Defendants ° By: /s/ Sylvia L. Esparza SYLVIA L. ESPARZA Law Office of Sylvia L. Esparza 3440 E. Pepper Lane, Suite 105 Las Vegas, NV 89120 Tel: 702-853-0233 sylvia@sylviaesparzalaw.com Counsel for Plaintiff Order Good cause appearing, IT IS HEREBY ORDERED that the Motion to Stay [ECF No. 57] is GRANTED. This action is STAYED. The Clerk of Court is directed to TEMPORARILY ADMINISTRATIVELY CLOSE this case. Any party may move to lift this stay and reopen this case after December 21, 2021. Phe USS. District Judge Jennifer A. Dorsey Dated: September 21, 2021