Summary
The parties jointly move to hold an Administrative Procedure Act and Mandamus Act case in abeyance while USCIS conducts and adjudicates the plaintiff’s asylum interview and application. The court grants the stipulated motion, holds the case in abeyance until May 28, 2026, and requires a status update.
Topics
Practice areas
Questions Presented
- Whether the court should exercise its discretion to stay the proceedings and hold the case in abeyance while USCIS conducts Plaintiff's asylum interview and adjudicates her asylum application.
Holdings
- The court granted the stipulated motion and held the case in abeyance until May 28, 2026.
Key quotations
“[T]he power to stay proceedings is incidental to the power inherent in every court to control the disposition of the causes on its docket with economy of time and effort for itself, for counsel, and for litigants.” (at 1)
Factual background
Plaintiff sought to compel USCIS to schedule an interview and adjudicate her asylum application. The parties represented that USCIS would complete the asylum interview on January 28, 2026, and would diligently work to complete adjudication within 120 days absent unforeseen or exceptional circumstances. The parties were working toward resolution and requested an abeyance to permit USCIS to process the application.
Procedural history
Plaintiff brought an action under the Administrative Procedure Act and the Mandamus Act seeking, among other relief, an order compelling USCIS to schedule an asylum interview and adjudicate her application. Before Defendants responded to the complaint, the parties jointly requested a stay while working toward resolution. The court granted the stipulated motion and held the case in abeyance until May 28, 2026.