Enugala et al v. United States Citizenship and Immigration Services

Stipulation to Stay
C 3:25-cv-04389 LJC 	1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
CRAIG H. MISSAKIAN (CABN 125202)
United States Attorney
PAMELA T. JOHANN (CABN 145558)
Chief, Civil Division
ELIZABETH D. KURLAN (CABN 255869)
Assistant United States Attorney
450 Golden Gate Avenue, Box 36055
San Francisco, California 94102-3495
Telephone: (415) 436-7298
Facsimile: (415) 436-6748
Elizabeth.Kurlan@usdoj.gov
Attorneys for Defendant
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
CHARAN REDDY ENUGALA, et al.,
Plaintiffs,
v.
UNITED STATES CITIZENSHIP AND
IMMIGRATION SERVICES,
Defendant.
Case No.3:25-cv-04389 LJC
STIPULATION TO STAY CASE;
[PROPOSED ORDER]
Subject to the Court’s approval, Plaintiff and Defendants, through their undersigned counsel of
record hereby stipulate as follows:
1. 	Plaintiffs Aditya Belsare and Sandhya Kolluru filed a Form I-526E, Immigrant Petition
by Regional Center Investor, based on their investment in the EB-5 project, Tramway 43 EB-5 Fund LP.
United States Citizenship and Immigration Services (“USCIS”) issued a Notice of Intent to Revoke
(“NOIR”) to Tramway 43 EB-5 Fund LP. USCIS is in the processing of reviewing the fund’s response
to the NOIR, and the agency will need sufficient time to take further adjudicative action.
2. 	At midnight on September 30, 2025, the appropriations act that had been funding the
Department of Justice expired and appropriations to the Department lapsed. The same is true for other
Executive Branch agencies, including the federal Defendants. The Department does not know when
Case 3:25-cv-04389-LJC Document 14 Filed 10/29/25 Page 1 of 3

Stipulation to Stay
C 3:25-cv-04389 LJC 	2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
funding will be restored by Congress.
3. 	The Anti-Deficiency Act, 31 U.S.C. §1341, as construed by the Attorney General,
provides that in the absence of appropriated funds no obligation can be incurred except for the protection
of life and property, the orderly suspension of operations, or as otherwise authorized by law. Absent an
appropriation, Department of Justice attorneys and employees of the United States Attorney’s Office are
prohibited from working, even on a volunteer basis, “except for emergencies involving the safety of
human life or the protection of property.” 31 U.S.C. § 1342.
4. 	Undersigned counsel is furloughed for the duration of the lapse in appropriations.
5. 	The parties therefore request a stay of all briefing deadlines in this case until February 27,
2026, or until Congress has restored appropriations to the Department of Justice and the government
shutdown ends, whichever occurs later.
6. 	If this stay is granted, counsel for the Defendants will promptly notify the Court as soon
as the government shutdown has ended and, if necessary, given the circumstances of this case, confer
with opposing counsel and submit within two weeks a joint proposed schedule for the remainder of
litigation.
The parties respectfully request that the Court grant their stipulation.
Dated: October 27, 2025 	Respectfully submitted,1
CRAIG H. MISSAKIAN
United States Attorney
/s/ Elizabeth D. Kurlan
ELIZABETH D. KURLAN
Assistant United States Attorney
Attorneys for Defendant
Dated: October 27, 2025 /s/ Kristina David
KRISTINA DAVID
David Strashnoy Law, PC
Attorney for Plaintiffs
1 In accordance with Civil Local Rule 5-1(i)(3), the filer of this document attests that all
signatories listed herein concur in the filing of this document.
Case 3:25-cv-04389-LJC Document 14 Filed 10/29/25 Page 2 of 3

Stipulation to Stay
C 3:25-cv-04389 LJC 	3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
[PROPOSED] ORDER
Pursuant to stipulation, IT IS HEREBY ORDERED THAT:
This case is hereby STAYED until February 27, 2026, or until Congress has restored
appropriations to the Department of Justice and the government shutdown ends, whichever occurs later.
Pursuant to stipulation, IT IS SO ORDERED.
Date: __________________________
LISA J. CISNEROS
United States Magistrate Judge
October 29, 2025
Case 3:25-cv-04389-LJC Document 14 Filed 10/29/25 Page 3 of 3