Yang v. Mayorkas

• Court: District Court, W.D. Washington
• Decided: April 1, 2024
• Docket: 2:24-cv-00066
• Status: Unknown

Opinion

1 District Judge Kymberly K. Evanson

7 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE

9 HYUNG SOON YANG, et al., Case No. 2:24-cv-00066-KKE 10 Plaintiffs, STIPULATED MOTION TO HOLD 11 CASE IN ABEYANCE AND ORDER v. 12 ALEJANDRO MAYORKAS, 13 Defendant. 14 15 Plaintiffs and Defendants, by and through their counsel of record, pursuant to Federal 16 Rule of Civil Procedure 6 and Local Rules 7(d)(1), 10(g) and 16, hereby jointly stipulate and 17 move to stay these proceedings through July 1, 2024. Plaintiffs brought this case pursuant to 18 the Administrative Procedure Act and Mandamus Act seeking an order compelling U.S. 19 Citizenship and Immigration Services (“USCIS”) to complete processing of their Forms I-485, 20 Applications to Register Permanent Residence or Adjust Status, and Plaintiff Hyung Soon 21 Yang’s Form I-765, Application for Employment Authorization. Defendants’ response to the 22 Complaint is due on April 1, 2024. For good cause, the parties request that this case be stayed 23 through July 1, 2024. 24 1 Courts have “broad discretion” to stay proceedings. Clinton v. Jones, 520 U.S. 681, 706 2 (1997). “[T]he power to stay proceedings is incidental to the power inherent in every court to 3 control the disposition of the causes on its docket with economy of time and effort for itself, for

4 counsel, and for litigants.” Landis v. N. Am. Co., 299 U.S. 248, 254 (1936); see also Fed. R. 5 Civ. P. 1. 6 With additional time, this litigation may be resolved in its entirety. On March 18, 2024, 7 USCIS reopened the Form I-140, Immigrant Petition for Alien Worker, filed on behalf of 8 Plaintiff Hyung Soon Yang, which had previously had its approval revoked. USCIS reopened 9 the Form I-140 to issue a Notice of Intent to Revoke (“NOIR”) to both the petitioner and 10 beneficiary so that Plaintiff Hyung Soon Yang has the opportunity to respond to the NOIR. 11 USCIS anticipates issuing the NOIR shortly. Plaintiff Hyung Soon Yang will have 30 days to 12 respond to the NOIR. USCIS will need additional time to review the response and act after it 13 receives the NOIR responses.

14 Because USCIS denied Plaintiffs’ Forms I-485 due to the revocation of the underlying 15 visa petition (Form I-140) approval, USCIS has reopened Plaintiffs’ Forms I-485 and restored 16 them to their previous pending status. USCIS cannot adjudicate the Forms I-485, as sought 17 through this litigation, until a decision on the Form I-140 revocation is issued. 18 Additional time is required to allow these processes to be completed. Therefore, the 19 parties believe good cause exists to stay this proceeding through July 1, 2024, to save the parties 20 and the Court from spending unnecessary time and judicial resources on this matter. 21 Accordingly, the parties jointly stipulate and request that the Court stay these proceedings 22 through July 1, 2024. The parties will submit a joint status report on or before July 1, 2024.

23 // 24 // 1 DATED this 29th day of March, 2024.

2 Respectfully submitted,

3 TESSA M. GORMAN KAI LAW G ROUP PS United States Attorney 4 s/Michelle R. Lambert s/Ji Min Kim 5 MICHELLE R. LAMBERT, NYS #4666657 JI MIN KIM, WSBA #43794 Assistant United States Attorney 2502 Tacoma Avenue S, Ste 100 6 United States Attorney’s Office Tacoma, Washington 98402 Western District of Washington Phone: (253) 584-1369 7 1201 Pacific Avenue, Suite 700 Email: jiminkim@kailawgroup.com Tacoma, Washington 98402 8 Phone: (253) 428-3824 Email: michelle.lambert@usdoj.gov 9 Attorneys for Defendant Attorney for Plaintiffs 10 I certify that this memorandum contains 419 11 words, in compliance with the Local Civil Rules. 12

24 1 ORDER 2 The parties having stipulated and agreed, it is hereby so ORDERED that this case shall 3 be stayed until at least July 1, 2024. The parties shall file a joint status report on or before July

4 1, 2024. 5 6 DATED this 1st day of April, 2024. 7

8 A 9 Kymberly K. Evanson 10 United States District Judge

18 19 20 21 22 23 24