Singh v. Jaddou

Opinion

1 District Judge Tana Lin 2 3 4

5 6 7 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 8 AT TACOMA 9 LAKHVINDER SINGH, Case No. 3:24-cv-05755-TL 10 Plaintiff, STIPULATED MOTION TO HOLD 11 v. CASE IN ABEYANCE AND [PROPOSED] ORDER 12 UR M. JADDOU, et al., Noted for Consideration: 13 Defendants. November 12, 2024 14 15 Plaintiff and Defendants, pursuant to Federal Rule of Civil Procedure 6 and Local Rules 16 7(d)(1), 10(g) and 16, hereby jointly stipulate and move to stay these proceedings until May 14, 17 2025. Plaintiff brought this litigation pursuant to the Administrative Procedure Act and 18 Mandamus Act seeking, inter alia, to compel the U.S. Citizenship and Immigration Services 19 (“USCIS”) adjudicate his Forms I-589, Application for Asylum and for Withholding of 20 Removal. Defendants’ response to the Complaint is currently due on November 12, 2024. The 21 parties are currently working towards a resolution to this litigation. For good cause, the parties 22 request that the Court hold the case in abeyance until May 14, 2025. 23 Courts have “broad discretion” to stay proceedings. Clinton v. Jones, 520 U.S. 681, 706 24 (1997). “[T]he power to stay proceedings is incidental to the power inherent in every court to 1 control the disposition of the causes on its docket with economy of time and effort for itself, for 2 counsel, and for litigants.” Landis v. N. Am. Co., 299 U.S. 248, 254 (1936); see also Fed. R. Civ. 3 P. 1. 4 With additional time, this case may be resolved without the need of further judicial

5 intervention. USCIS has scheduled Plaintiff’s asylum interview for January 14, 2025. USCIS 6 agrees to diligently work towards completing the adjudication within 120 days of the interview, 7 absent unforeseen or exceptional circumstances that would require additional time 8 for adjudication. If the adjudication is not completed within that time, USCIS will provide a 9 status report to the Court. 10 Plaintiff will submit all supplemental documents and evidence, if any, to USCIS seven to 11 ten days prior to the interview date. Plaintiff recognizes that failure to submit documents prior to 12 the interview may require the interview to be rescheduled and the adjudication delayed. 13 If needed, Plaintiff will bring an interpreter to the interview, otherwise the interview will need to

14 be rescheduled and the adjudication delayed. After the interview, USCIS will need time 15 to adjudicate Plaintiff’s asylum application. Once the application is adjudicated, Plaintiff 16 will dismiss the case. Accordingly, the parties request this abeyance to allow USCIS to 17 conduct Plaintiff’s asylum interview and then process his asylum application. 18 As additional time is necessary for this to occur, the parties request that the Court hold 19 the case in abeyance until May 14, 2025. The parties will submit a joint status report on 20 or before May 14, 2025. 21 // 22 // 23 //

24 // 1 || Dated: November 7, 2024 Respectfully submitted, 2 TESSA M. GORMAN United States Attorney 3 s/Michelle R. Lambert 4 MICHELLE R. LAMBERT. NYS #4666657 Assistant United States Attorney 5 1201 Pacific Avenue. Suite 700 Tacoma, Washington 98402 6 Phone: 206-428-3824 Email: michelle.lambert@usdoj.gov 7 Attorneys for Defendants 8 I certify that this memorandum contains 396 words, in compliance with the Local 9 Civil Rules. iadh I~. 1] L INDER SINGH 11116 125™ Street Ct E 12 Puyallup, Washington 98374 Phone: 425-524-3448 13 Email: gtstruckingllc1984@gmail.om Pro Se Plaintiff 14 15 16 17 18 19 20 21 22 23 24 STIPULATED MOTION FOR ABEYANCE -3 UNITED STATES ATTORNEY No. 3:24-cv-45755-TI. 700 STEWART STREET, SUITE $220

1 CERTIFICATE OF SERVICE 2 I hereby certify that I am an employee in the Office of the United States Attorney for the 3 Western District of Washington and of such age and discretion as to be competent to serve 4 papers.

5 I further certify on this date, I electronically filed the foregoing with the Clerk of the 6 Court using the CM/ECF system, which will send notice of such filing to the following CM/ECF 7 participant(s): 8 -0 - 9 I further certify on this date, I arranged for service of the foregoing on the following non- 10 CM/ECF participant(s), via Certified Mail with return receipt, postage prepaid, addressed as 11 follows: 12 Lakhvinder Singh¸ Pro Se Plaintiff 11116 125th Street Ct E 13 Puyallup, WA 98374 14 DATED this 12th day of November, 2024. 15 s/ Stephanie Huerta-Ramirez STEPHANIE HUERTA-RAMIREZ, Legal Assistant 16 United States Attorney’s Office Western District of Washington 17 700 Stewart Street, Suite 5220 Seattle, WA 98101 18 Phone: (206) 553-7970 Fax: (206) 553-4073 19 Email: Stephanie.Huerta-Ramirez@usdoj.gov 20 21 22 23 24 1 [PROPOSED] ORDER 2 The case is held in abeyance until May 14, 2025. The parties shall submit a joint status 3 ||report on or before May 14, 2025. It is so ORDERED. 4 5 DATED this 12th day of November, 2024. 6 at ZO TANA LIN 8 United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STIPULATED MOTION FOR ABEYANCE UNITED STATES ATTORNEY [Case No. 3:24-cv-05755-TL] - 5 1201 PACIFIC AVE., STE. 700