Oshri Pitito v. Eric Holder et al

Filing 17

ORDER by Judge Otis D Wright, II: granting 16 defendants Motion to Remand Case to United States Citizenship and Immigration Services. The January 30, 2012 hearing on this matter is VACATED. This case is hereby REMANDED with instructions that USCIS adjudicate Plaintiffs application within 30 days of the date of this Order. (MD JS-6. Case Terminated.) (lc)

1

O

2

JS-6

3
4
5
6
7

UNITED STATES DISTRICT COURT

8

CENTRAL DISTRICT OF CALIFORNIA

9

WESTERN DIVISION

10
11
12
13
14
15
16

)
)
)
Plaintiff,
)
)
v.
)
ERIC H. HOLDER, JR., Attorney)
)
General, et al.,
)
)
Defendants.
________________________________ )
OSHRI PTITO,

Case No. CV 11-07455-ODW (PLAx)
Order GRANTING Defendants’
Motion to Remand [16] and
VACATING Hearing Thereon
Order REMANDING Case to the
United States Citizenship and
Immigration Services with Instructions

17
18

Pending before the Court is Defendants Eric H. Holder, Jr.; Janet Napolitano;

19

Alejandro Mayorkas; Jane Arellano; Robert S. Mueller, III; the Department of Homeland

20

Security; the United States Citizenship and Immigration Services (“USCIS”); and the

21

Federal Bureau of Investigations’s (collectively “Defendants”) Motion to Remand. (Dkt.

22

No. 16.) Having considered the papers filed in support of the instant Motion, the Court

23

deems the matter appropriate for decision without oral argument. Fed. R. Civ. P. 78;

24

C.D. Cal. L.R. 7-15. For the reasons discussed below, Defendant’s Motion to Remand

25

is GRANTED; the January 30, 2012 hearing on the matter is VACATED; and the case

26

is hereby REMANDED to the USCIS with instructions that the USCIS adjudicate

27

Plaintiff’s application within 30 days of this Order.

28

Plaintiff Oshri Ptito (“Plaintiff”) is a citizen of Israel and has been a lawful

1

permanent resident of the United States since 2007. (Compl. ¶ 9.) On November 2,

2

2009, Plaintiff filed an application for naturalization. (Id.) On February 22, 2010,

3

Plaintiff underwent a naturalization examination pursuant to 8 U.S.C. § 1446. (Id.) On

4

September 9, 2011, Plaintiff filed this action under 8 U.S.C. § 1447(b) seeking a hearing

5

in connection with his naturalization application as a result of Defendants’ failure to

6

adjudicate Plaintiff’s application within 120 days of Plaintiff’s naturalization

7

examination. (Dkt. No. 1.) On January 10, 2012, Defendants filed the instant Motion to

8

Remand on grounds that “USCIS is prepared to adjudicate [Plaintiff’s] application for

9

naturalization within 30 days of remand or dismissal of Ptito’s complaint.” (Mot. at 3.)

10

Pursuant to 8 U.S.C. § 1447(b), an applicant for naturalization “may apply to the

11

United States district court . . . for a hearing” upon USCIS’s failure to make a

12

determination within 120 days following the applicant’s naturalization examination. The

13

district court has jurisdiction over such an application either to “determine the matter or

14

remand the matter, with the appropriate instructions, to [USCIS] to determine the matter.”

15

§ 1447(b).

16

Defendants here represent that USCIS is prepared to adjudicate Plaintiff’s

17

application for naturalization within 30 days of remand. Accordingly, the Court

18

GRANTS Defendants’ Motion to Remand, and the January 30, 2012 hearing on this

19

matter is VACATED. This case is hereby REMANDED with instructions that USCIS

20

adjudicate Plaintiff’s application within 30 days of the date of this Order.

21
22

IT IS SO ORDERED.

23

January 11, 2012

24
25
26
27
28

_________________________________
HON. OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE