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Jan. 20, 2026 Get Citation Alerts Download PDF Add Note

Rwangoko Andrew v. Kristi Noem, et al.

District Court, W.D. Washington

• Citations: None known
• Docket Number: 2:24-cv-01375

• Precedential Status: Unknown Status

• Opinion

• Authorities (3)

• Cited By (0)

• Summaries (0)

• Similar Cases (13.7K)

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Trial Court Document

j District Judge James L. Robart
2
3
4
5
6 UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
7 AT TACOMA
8
9 |i RWANGOKO ANDREW, No. 2:24-cv-1375-JLR
10 Plaintiff STIPULATED MOTION TO
i ov CONTINUE DEADLINE AND
v, {PROPOSED] ORDER Quit
12

KRISTI NOEM, e/ ai, Noting Date: January 19, 2026
3
Defendants.
14
15 For good cause, Plaintiff Rwangoko Andrew and Defendants, through their respective
16 counsel, pursuant to Federal Rule of Civil Procedure 6 and Local Rules 10(g) and 16, and hereby
17
18 jointly stipulate and move to continue to stay these proceedings through April 22, 2026, Plaintiff
19 || brings this lawsuit pursuant to the Administrative Procedure Act and the Mandamus Act to compel
20 U.S. Citizenship and Immigration Services (“USCIS”) to adjudicate the Forms I-730,
21 Refugee/Asylee Relative Petitions, that Plaintiff filed on behalf of his wife and children in
22
December 2018. This case is currently stayed through January 22, 2026, Dkt. No. 22.
23
24 Courts have “broad discretion” to stay proceedings. Clinton v. Jones, 520 U.S. 681, 706
25 (1997). “[T]he power to stay proceedings is incidental to the power inherent in every court to
26 || control the disposition of the causes on its docket with economy of time and effort for itself, for
27
counsel, and for litigants.” Landis v. N. Am. Co., 299 U.S. 248, 254 (1936); see also Fed, R. Civ. 28
P. 1.

STIPULATED MOTION AND ORDER                               UNITED STATES ATTORNEY 
2:24-cy-1375-JLR                    -1                       700 STEWART STREET, SUITE 5220 
                                                .        SEATTLE, WASHINGTON 98101 

1 On January 20, 2025, President Trump issued an Executive Order (“EO”) entitled
2 ||““Realigning the United States Refugee Admissions Program.” Presidential Actions, Executive
3 Order, Jan. 20, 2025, Realigning the United States Refugee Admissions Program, available at
https://www.whitehouse.gov/presidential-actions/2025/01/realigning-the-united-states-refugee-
6 admissions-program/ (last visited Sept. 16, 2025). Section 3(a) of the EO suspended entry of
7 refugees into the United States through the U.S. Refugee Admissions Program (““USRAP”) as of
8 January 27, 2025. Section 3(b) of the EO also suspended “decisions on applications for refugee
9 status” by the Department of Homeland Security (“DHS”) as of its issuance. This means that
decisions on Form [-590, Registration for Classification as a Refugee, and Form 1-730,
12 || Asylee/Refugee Relative Petitions filed by principal refugees, were suspended.
13 Section 4 of the EO indicated that within 90 days of the EO’s issuance, the Secretary of
14 Homeland Security, in consultation with the Secretary of State (“the Secretaries”), shall submit a
report to the President through the Homeland Security Advisor regarding whether resumption of
17 || entry of refugees into the United States under the USRAP would be in the interests of the United
18 || States. The Secretaries shall submit further reports every 90 days thereafter for the duration of the
19 USRAP suspension. Section 4 further indicated that the suspension will remain in place until
President Trump determines that resumption of the USRAP is in the interests of the United States.

09 On February 28, 2025, a court in this District issued a nationwide preliminary injunction
23 |i Order”) enjoining the Government from enforcing or implementing relevant portions of the EO.
24 |! Pacito v. Trump, No. 2:25-cv-255-INW, 2025 WL 655075 (W.D. Wash. Feb. 28, 2025), appeal
25 filed (Oth Cir. Mar. 3, 2025).
On March 25, 2025, the Ninth Circuit issued a ruling on an emergency motion filed by the
2g || Government staying the Order in large part. Pacito v. Trump, No. 25-1313, Dkt. Entry 28.1 (9th

STIPULATED MOTION AND ORDER                               UNITED STATES ATTORNEY 
2:24-ev-1375-JLR                    2                       700 STEWART STREET, SUITE 5220 
                                                       SBATTLE. WASHINGTON        

1 || Cit. Mar. 25, 2025). The Government then filed a motion for clarification of the Ninth Circuit’s
2 || partial stay. See Pacito v. Trump, No. 25-1939 (9th Cir, Apr. 9, 2025) (motion for clarification).
3 On April 21, 2025, the Ninth Circuit granted the Government’s motion to clarify the scope
of the previous order. Pacifo v. Trump, No. 25-1939, Dkt. Entry 46.1 (9th Cir. Apr. 21, 2025),
6 The Ninth Circuit clarified that the Government’s previous stay request was denied only “to the
7 extent that the district court’s preliminary injunction order applies to individuals who met the
8 following conditions on or before January 20, 2025: (1) the individual had an approved refugee
9 application authorizing Customs and Border Protection to admit the individual “conditionally as a
refugee upon arrival at the port with four months of the date the refugee application was approved,”
12 CFR 207.4; (2) the individual was cleared by USCIS for travel to the United States; and (3) the
13 || individual had arranged and confirmable travel plans to the United States.” The Ninth Circuit
14 emphasized that “the preliminary injunction remains in effect for these individuals only.” Jd.
On July 14, 2025, the Pacito district court issued a Compliance Framework Order setting
17 || forth binding compliance framework to clarify what obligations the Government must fulfill to
18 jj ensure compliance with the Order. Dkt. No. 145.
19 On July 19, 2025, the Ninth Circuit issued an administrative stay of the Compliance
Framework Order. Dkt. No. 83.

99 On September 12, 2025, the Ninth Circuit issued a stay of the Pacifo district court’s February
23 || 28, 2025 order (Dkt. No. 45) and March 24, 2025 order (Dkt. No. 79) in their entirety, except that
24 |l the Court ordered the Government to reinstate cooperative agreements necessary to provide the
25 reception and placement services described in 8 U.S.C. § 1522 to refugees who have been admitted
to the United States. Dkt. No, 120.
28

STIPULATED MOTION AND ORDER                               UNITED STATES ATTORNEY 
2:24-cv-1375-JLR                    -3                       700 STEWART STREET, SUITE 5220 
                                                       SEATTLE. WASHINGTON 92101 

| While the Forms I-730 at issue here have been approved, Plaintiffs wife and children did
2 |{not have travel arrangements made as of January 20, 2025 and are not presently in the United
3 States.! The Parties request that that this case remain stayed as the Pacifo proceedings are
4
ongoing. A stay is warranted in the interests of judicial economy and to avoid duplicative and
5
6 potentially unnecessary litigation.
7 Accordingly, the Parties agree and jointly request that this case be held in abeyance until
8 April 22, 2026, and order the parties to file a joint status report on or before April 22, 2026.
9
DATED this 19th day of January, 2026.
10
Respectfully submitted,
12 CHARLES NEIL FLOYD
B United States Attorney
14 s/ Michelle R. Lambert
MICHELLE R. LAMBERT, NYS #4666657
15 Assistant United States Attorney
United States Attorney’s Office
16 1201 Pacific Avenue, Suite 700
17 Tacoma, Washington 98402
Phone: 253-428-3824
18 Email: michelle.lambert@usdoj.gov
19 Ll certify that this memorandum contains 918 words,
20 in compliance with the Local Civil Rules.
21
9 SUMMIT LAW GROUP, PLLC
23 8/ Diana Siri Breaux
Diana Siri Breaux, WSBA #46112
dianab@summitlaw.com
25 315 Fifth Avenue S., Suite 1000
Seattle, WA 98104
26 Telephone: 206-676-7000
27
28 May 2024 Mr. Rwangoko filed a Form I-130 (Petition for Alien Relative) on behalf of his infant son, who is
now in the United States, This child is not included in the Form J-730 Petition at issue here.

STIPULATED MOTION AND ORDER                              UNITED STATES ATTORNEY 
2:24-cv-1375-JLR                    ~4                       700 STEWART STREET, SUITE 5220 
                                                        SRATTLE. WASHINGTON OREO] 

1
PATTERSON BELKNAP WEBB &
2 TYLER LLP
3
s/ Steven A, Zalesin
4 STEVEN A. ZALESIN (Pro Hac Vice)
5 sazalesin@pbwt.com
6 &/ Stephanie Sofer
STEPHANIE SOFER (Pro Hac Vice)
7 ssofer@pbwt.com
8 s/ Emma Guido Brill
9 EMMA GUIDO BRILL (Pro Hac Vice)
ebrill@pbwt.com
10 1133 Avenue of the Americas
1] New York, NY 10036
Telephone: 212.336.2000
12
13 Attorneys for Plaintiff
14
15
16
17
18

20 The parties having so stipulated, the above is SO ORDERED. The parties shall file a
21 || joint status report on or before April 22, 2026.
22
_ one
23 _ DATED this O day of AM Mn , 2026.
24
:

261) *
7 JAMES L. ROBART
United Statts District Judge
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STIPULATED MOTION AND [PROPOSED] ORDER                      UNITED STATES ATTORNEY 
2:24-cv-1375-ILR                    -5                       700 STEWART STREET, SUITE 5220 
                                                       SEATTLE. WASHINGTON     104