Oveis v. United States Citizenship and Immigration Services et al

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3:24-cv-01428-RBM-BJW
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
BANAFSHEH OVEIS,
Plaintiff,
v.
UNITED STATES CITIZENSHIP AND
IMMIGRATION SERVICES, et al.,
Defendants.
Case No.: 3:24-cv-01428-RBM-BJW
ORDER GRANTING JOINT
MOTION TO EXTEND STAY
[Doc. 10]
On September 17, 2024, the Court granted the Parties’ joint motion to stay. (Doc. 6.)
The Court further ordered that if the Petition was not dismissed voluntarily by October 22,
2025, the Parties were to file a joint status report on or before October 29, 2025. (Id.) Due
to the lapse in federal appropriations, the Court reset those deadlines, ordering that if the
Petition was not dismissed voluntarily by December 29, 2025, the Parties were to file a
joint status report on or before January 5, 2026. (Doc. 9.)
On December 18, 2025, the Parties filed a Joint Motion to Extend Stay. (Doc. 10.)
They represent that they “continue to work towards an extrajudicial resolution,” but that
the new United States Citizenship and Immigration Services (“USCIS”) policy entitled
“Policy 	Memorandum 	PM-602-0192, 	Hold 	and 	Review 	of 	all 	Pending 	Asylum
Applications and all USCIS Benefit Applications Filed by Aliens from High Risk
Countries” is affecting this case. 	(Id. at 2.) 	Therefore, “[w]ithout waiving Federal
Case 3:24-cv-01428-RBM-BJW Document 11 Filed 01/21/26 PageID.<pageID>
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Defendants’ rights to defend the causes of action and allegations,” the Parties jointly
request that this litigation be stayed until March 30, 2026. (Id.)
The Court has “broad discretion to stay proceedings as an incident to its power to
control its own docket.” 	Clinton v. Jones, 520 U.S. 681, 706 (1997). Granting a stay “is
appropriate when it serves the interests of judicial economy and efficiency.” Rivers v. Walt
Disney Co., 980 F. Supp. 1358, 1360 (C.D. Cal. 1997). A district court “may . . . find it is
efficient for its own docket and the fairest course for the parties to enter a stay of an action
before it, pending resolution of independent proceedings which bear upon the case.” Leyva
v. Certified Grocers of Cal., Ltd., 593 F.2d 857, 863 (9th Cir. 1979). 	That “rule applies
whether the separate proceedings are judicial, administrative, or arbitral in character. . . .”
Id. at 863–64.
Based on the foregoing, the Joint Motion to Extend Stay (Doc. 10) is GRANTED.
This litigation is STAYED until March 30, 2026. If Plaintiff’s Petition is not dismissed
voluntarily on or before March 30, 2026, the Parties must FILE a joint status report on or
before April 6, 2026.
IT IS SO ORDERED.
DATE: January 21, 2026
_____________________________________
HON. RUTH BERMUDEZ MONTENEGRO
UNITED STATES DISTRICT JUDGE
Case 3:24-cv-01428-RBM-BJW Document 11 Filed 01/21/26 PageID.<pageID>
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