Filed: Apr. 18, 2017
Latest Update: Apr. 18, 2017
Summary: JOINT STIPULATION AND ORDER TO HOLD CASE IN ABEYANCE DEBORAH BARNES , Magistrate Judge . This is an immigration case in which Plaintiffs originally filed a mandamus action in 2011 to compel the Defendants to adjudicate the second Form I-130 Ms. Casillas filed on behalf of her husband, Mr. Masoudi in 2009. ECF No. 1. Thereafter Defendants denied Ms. Casillas' second Form I-130, and in June 2015 Plaintiffs filed an amended complaint challenging the denial. ECF No. 32. In July 2015, Defendants
Summary: JOINT STIPULATION AND ORDER TO HOLD CASE IN ABEYANCE DEBORAH BARNES , Magistrate Judge . This is an immigration case in which Plaintiffs originally filed a mandamus action in 2011 to compel the Defendants to adjudicate the second Form I-130 Ms. Casillas filed on behalf of her husband, Mr. Masoudi in 2009. ECF No. 1. Thereafter Defendants denied Ms. Casillas' second Form I-130, and in June 2015 Plaintiffs filed an amended complaint challenging the denial. ECF No. 32. In July 2015, Defendants ..
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JOINT STIPULATION AND ORDER TO HOLD CASE IN ABEYANCE
DEBORAH BARNES, Magistrate Judge.
This is an immigration case in which Plaintiffs originally filed a mandamus action in 2011 to compel the Defendants to adjudicate the second Form I-130 Ms. Casillas filed on behalf of her husband, Mr. Masoudi in 2009. ECF No. 1. Thereafter Defendants denied Ms. Casillas' second Form I-130, and in June 2015 Plaintiffs filed an amended complaint challenging the denial. ECF No. 32. In July 2015, Defendants filed an answer. ECF No. 35. On July 31, 2015, Defendants filed a copy of the certified administrative record with the Court and the parties were planning to propose a dispositive motions schedule. ECF No. 36. Instead, on August 31, 2015, the parties stipulated to hold this case in abeyance based on a possible alternate form of relief which would have rendered this lawsuit moot. ECF No. 37. On September 23, 2015, this Court signed the order holding this case in abeyance. ECF No. 38. Thereafter that possible avenue of relief was denied, and the parties requested that the Court set deadlines for the filing of dispositive motions on February 23, 2017. On April 4, 2017, the Court set deadlines for the parties to file dispositive motions. ECF No. 44.
On April 11, 2017, the United States Citizenship and Immigration Service ("USCIS") conducted an examination of Plaintiffs at the San Francisco Field Office regarding the third Form I-130, Alien Relative Petition that Ms. Masoudi filed on behalf of her husband in 2016. The parties anticipate that the USCIS will render a decision on that petition within six to eight weeks. If the USCIS approves Ms. Masoudi's third petition, this complaint will be rendered moot and Plaintiffs will file a voluntary dismissal.
As such, the parties believe that considerable judicial resources can be saved by agreeing to hold the proceedings in abeyance while the USCIS considers Plaintiff Casillas' petition. The parties agree to notify the Court within ten days of a decision. As such, good cause exists for the Court to hold this case in abeyance pending the resolution of Ms. Casillas' Form I-130 petition.
ORDER
Pursuant to the parties' stipulation, (ECF No. 43), IT IS HEREBY ORDERED that:
1. This case is held in abeyance pending the USCIS's resolution of Plaintiff Casillas' Form I-130 petition;
2. The parties shall notify the Court within ten days of a decision; and
3. The Clerk of the Court shall administratively close this case.
