Zamora Zavala v. Jaddou ( 2024 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ANABEL ZAMORA ZAVALA, CASE NO. 1:24-CV-00767-JLT-HBK 12 Plaintiff, ORDER GRANTING TEMPORARY STAY 13 v. (Doc. No. 7) 14 USCIS, ET AL. CLERK TO LIFT STAY ON MARCH 25, 2025 15 Defendants. 16 17 18 On September 11, 2024, Defendants filed a motion seeking a stay of this action. (Doc. No. 7, 19 Motion). Defendant requests the Court to stay this case through March 25, 2025, and vacate all other 20 filing and case management deadlines. (Id.). Plaintiff does not oppose the Motion. (Id.). 21 Plaintiff alleges that U.S. Citizenship and Immigration Services (“USCIS”) has unreasonably 22 delayed adjudicating her pending asylum application, which she filed in October 2017. USCIS has 23 scheduled Plaintiff’s asylum interview for November 25, 2024. The parties anticipate that this lawsuit 24 will be rendered moot once USCIS completes its adjudication of Plaintiff’s application, and USCIS will 25 endeavor to do so within 120 days. In the event USCIS cancels or reschedules the interview on 26 Plaintiff’s application, the agency will endeavor to reschedule the interview within four weeks of the 27 original date. 28 1 The court is vested with broad discretion to stay a case. Clinton v. Jones, 520 U.S. 681, 705 2 || (1997) (citing Landis v. North American Co., 299 U.S. 248, 254 (1936)). The “party requesting a stay 3 || bears the burden of showing that the circumstances justify an exercise of that discretion.” Nken v. 4 || Holder, 556 U.S. 418, 433-34 (2009). As a rule, “stays should not be indefinite in nature.” Dependable 5 || Highway Exp., Inc. v. Navigators Ins. Co., 498 F.3d 1059, 1066-67 (9th Cir. 2007). Ifa stay is 6 || especially long or indefinite, a greater showing is required to justify it and the court must “balance the 7 || length of any stay against the strength of the justification given for it.” Yong v. LN.S., 208 F.3d 1116, 8 || 1119 (9th Cir. 2000). The Court finds Defendants have met their burden to justify a temporary stay of 9 || this action while USCIS completes and adjudicates Plaintiff's application. 10 Accordingly, it is ORDERED: 11 1. Defendants’ Motion to Stay (Doc. No. 7) is GRANTED to the extent the Court STAYS this 12 action and vacates all other hearing dates and deadlines, including the initial Scheduling 13 Conference currently set for October 3, 2024 at 11:30 A.M. 14 2. The Clerk of Court shall automatically LIFT the STAY on March 25, 2025. 15 3. Should this matter become moot, Plaintiff shall promptly file a Rule 41 notice. 16 Dated: __ September 12, 2024 Mihaw. Wh. foareh Zaskth 18 HELENA M. BARCH-KUCHTA 9 UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28