Hu v. Jaddou

[1] District Judge Barbara J. Rothstein [6] 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE [9] XIANZI HU, No. 2:23-cv-1452-BJR [10] Plaintiff, STIPULATED MOTION TO HOLD 11 CASE IN ABEYANCE AND ORDER v. [12] UR M. JADDOU, et al., [13] 14 Defendants. [15] Plaintiff and Defendants, by and through their counsel of record, pursuant to Federal Rule [16] of Civil Procedure 6 and Local Rules 7(d)(1), 10(g) and 16, hereby jointly stipulate and move to [17] stay these proceedings for 120 days from Plaintiff’s scheduled interview. Plaintiff brings this [18] litigation pursuant to the Mandamus Act seeking to compel the U.S. Citizenship and Immigration [19] Services (“USCIS”) to adjudicate her Form I-589, Asylum and for Withholding of Removal. For [20] good cause, the parties request that the Court hold this case in abeyance until April 5, 2024. [21] Courts have “broad discretion” to stay proceedings. Clinton v. Jones, 520 U.S. 681 , 706 [22] (1997). “[T]he power to stay proceedings is incidental to the power inherent in every court to [23] control the disposition of the causes on its docket with economy of time and effort for itself, for [24] counsel, and for litigants.” Landis v. N. Am. Co., 299 U.S. 248, 254 (1936); see also Fed. R. Civ. 25 P. 1 . [27] 1 With additional time, this case may be resolved without the need of further judicial 2 intervention. USCIS has scheduled Plaintiff’s asylum interview for December 7, 2023. The San 3 Francisco Asylum Office will diligently work towards adjudication of her application within 120 4 days of the interview date, absent unforeseen or exceptional circumstances that would require 5 additional time for adjudication. To prevent the interview from being rescheduled, Plaintiff agrees 6 to submit all supplemental documents and evidence to USCIS at least 7 days prior to the scheduled 7 interview. Once USCIS adjudicates the application, Plaintiff will voluntarily dismiss this case 8 with the parties to bear their own litigation costs and attorneys’ fees. 9 Accordingly, the parties request that this case be stayed until April 5, 2024. The parties 10 will submit a joint status report on or before April 5, 2024. In addition, the parties request that the 11 Court’s Order setting initial scheduling dates be vacated. Dkt. No. 7. 12 Dated: November 3, 2023 Respectfully submitted, [13] TESSA M. GORMAN 14 Acting United States Attorney 15 s/Michelle R. Lambert MICHELLE R. LAMBERT, NYS #4666657 16 Assistant United States Attorney United States Attorney’s Office [17] 1201 Pacific Avenue, Suite 700 18 Tacoma, Washington 98402 Phone: 253-428-3824 19 Email: michelle.lambert@usdoj.gov Attorneys for Defendants [20] I certify that this memorandum contains [21] 310 words in compliance with the LCR. [22] s/Aimei Xi 23 AIMEI XI, WSBA#48639 Bright Law Firm PLLC 24 14205 SE 36th Street, Suite 100 Bellevue, Washington 98006 [25] Phone: 425-209-0126 26 Email: aimei@usbrightlawfirm.com Attorney for Plaintiff [27] 1 ORDER 2 The case is held in abeyance until April 5, 2024. The parties shall submit a joint status 3 report on or before April 5, 2024. The Court’s Order setting initial scheduling dates (Dkt. No. 7) is vacated. It is so ORDERED. Dated this 13" day of November, 2023. [5] 6 & Avera eu, 8 U.S. District Court Judge [27] STIPULATED MOTION -3 UNITED STATES ATTORNEY (23-cv-1452-BJR) 700 STEWART STREET, SUITE 5220