Singh v. Chertoff et al

Filing 14

STIPULATION and ORDER RE: Remand and Respondents' Answer, signed by Judge Oliver W. Wanger on 4/9/09. (CASE CLOSED)(Hellings, J)

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LAWRENCE G. BROWN Acting United States Attorney AUDREY B. HEMESATH Assistant United States Attorney 501 I Street, Suite 10-100 Sacramento, California 95814 Telephone: [phone] Attorneys for Defendants

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

NARVINDER SINGH, 11 Plaintiff, 12 v. 13 MICHAEL CHERTOFF, et al., 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Defendants.

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CV 09-cv-F-164 OWW SMS

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STIPULATION RE: REMAND AND RESPONDENTS' ANSWER AND ORDER

This is an immigration case in which plaintiff has filed to challenge U.S. Citizenship and Immigration Services' (CIS) failure to timely adjudicate his naturalization application and to seek de novo review of this application. As of the time of this filing, the agency is prepared to adjudicate the application. Because of the jurisdictional posture of the case, the agency cannot complete that process until the case is remanded with instructions to CIS. 8 U.S.C. § 1447(b). Accordingly, the parties jointly agree that the case should be remanded with instructions to complete adjudication of the case within 60 days from the date of the order of remand. In the event CIS fails to timely complete this adjudication, the parties agree that jurisdiction will revert to this Court, and a scheduling conference will take place as soon as possible.

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Dated: March 25, 2009

Respectfully Submitted, McGREGOR W. SCOTT United States Attorney

By: 5 6 7 By: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

/s/Audrey Hemesath Audrey B. Hemesath Assistant U.S. Attorney Attorneys for the Respondents /s/ James M. Makasian James M. Makasian Attorney for the Petitioner

ORDER Pursuant to this Joint Stipulation and for the reasons stated therein, IT IS HEREBY ORDERED that the case be remanded to Citizenship and Immigration Services to complete adjudication on the application for naturalization within 60 days from the date of this Order. IT IS SO ORDERED. DATED: April 9, 2009 /s/ OLIVER W. WANGER UNITED STATES DISTRICT JUDGE