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Cervantes v. Munita, 2:19-cv-00367-RSL. (2019)

Court: District Court, D. Washington Number: infdco20191125691 Visitors: 24
Filed: Nov. 19, 2019
Latest Update: Nov. 19, 2019
Summary: JOINT MOTION TO STAY PROCEEDINGS ROBERT S. LASNIK , District Judge . Plaintiff, Randi Gomez Cervantes, and Defendants, Cynthia Munita, et al. (collectively, "the parties"), by and through their respective counsel, jointly move to further stay all proceedings in this matter for an additional 30 days, until December 18, 2019, to allow sufficient time for U.S. Citizenship and Immigration Services ("USCIS") to issue a decision on Plaintiff's application to adjust to permanent resident status
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JOINT MOTION TO STAY PROCEEDINGS

Plaintiff, Randi Gomez Cervantes, and Defendants, Cynthia Munita, et al. (collectively, "the parties"), by and through their respective counsel, jointly move to further stay all proceedings in this matter for an additional 30 days, until December 18, 2019, to allow sufficient time for U.S. Citizenship and Immigration Services ("USCIS") to issue a decision on Plaintiff's application to adjust to permanent resident status ("Form 1-485"), the denial of which is the subject of this litigation.

On July 19, 2019, the parties jointly moved to stay proceedings for 90 days, until October 17, 2019, and the Court granted that motion on July 24, 2019. ECF No. 11. As indicated in that motion to stay proceedings, USCIS reopened Plaintiff's Form 1-485 and re-interviewed Plaintiff on July 16, 2019. ECF No. 10. On October 17, 2019, the parties jointly filed a second motion to stay proceedings, this time for 30 days. ECF No. 12. In that motion, the parties indicated that USCIS had interviewed an additional individual with knowledge relevant to the application, and that Plaintiff's application remained pending. Id. On October 25, 2019, the Court granted the parties second joint motion to stay proceedings, thereby staying the case for an additional 30 days. ECF No. 13. The Court further provided that, if necessary, the parties should file a joint status report by November 18, 2019. Id.

Consistent with the Court's October 25, 2019 Order, the parties wish to inform that Court that on October 22, 2019, USCIS issued a Request for Evidence ("RFE") in Plaintiff's case. Plaintiff has not yet filed a response to that RFE but anticipates doing so in the coming days. Nevertheless, a decision on Plaintiff's Form 1-485 remains pending. Insofar as USCIS's forthcoming decision may obviate the need for further proceedings in this matter, the parties jointly move that proceedings be stayed an additional 30 days, until December 18, 2019. This motion is thus supported by good cause and will not result in undue delay in the administration of this case. If the Court grants this Order, the parties will jointly update the Court on or before December 18, 2019, as to the necessity of further proceedings.

WHEREFORE, the parties jointly move that this Court stay proceedings for an additional 30 days, until December 18, 2019, pending USCIS's further administrative action on Plaintiff's Form 1-485.

DATED this 18th day of November, 2019. Respectfully submitted, JOSEPH H. HUNT Assistant Attorney General Civil Division WILLIAM C. PEACHEY Director, District Court Section Office of Immigration Litigation COLIN A. KISOR Deputy Director, District Court Section Office of Immigration Litigation s/C. Frederick Sheffield C. FREDERICK SHEFFIELD, Florida Bar #59505 Senior Litigation Counsel United States Department of Justice Civil Division Office of Immigration Litigation District Court Section P.O. Box 868, Ben Franklin Station Washington D.C., 20044 Phone: (202) 532-4737 Fax: (202) 616-4975 Carlton.f.sheffield@usdoj.gov Attorneys for Defendants s/Victoria Dobrin VICTORIA DOBRIN Dobrin & Han 705 Second Ave, Ste 901 Seattle, WA 98104 (206) 448-3440 Vicky@dobrin-han.com Attorney for Plaintiff

ORDER

IT IS SO ORDERED. In accordance with the joint motion of the parties, the case is stayed for an additional 30 days, until December 18, 2019. On or before December 18, 2019, the parties shall provide the Court with a joint status report as to the need for further proceedings.

Source:  Leagle

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