Kaur, et al. v. Napoliatano, et al.

Filing 8

STIPULATION re: Remand and Respondents' Answer AND ORDER signed by Judge Oliver W. Wanger on 12/30/2009. 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. CASE CLOSED. (Bradley, A)

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1 2 3 4 5 6 7 8 9 10 BENJAMIN B. WAGNER United States Attorney AUDREY B. HEMESATH Assistant United States Attorney 501 I Street, Suite 10-100 Sacramento, California 95814 Telephone: (916) 554-2729 Attorneys for Defendants IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA HARINDER KAUR, et al., 11 Plaintiff, 12 v. 13 JANET NAPOLITANO, et al., 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Defendants. ) ) ) ) ) ) ) CV 09-CV-F-1778 OWW DLB ) ) ) __________________________________________) STIPULATION RE: REMAND AND RESPONDENTS' ANSWER AND ORDER This is an immigration case in which plaintiffs have filed to challenge U.S. Citizenship and Immigration Services' (CIS) failure to timely adjudicate their naturalization applications and to seek de novo review of these applications. As of the time of this filing, the agency is prepared to adjudicate the applications. 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. 1 2 3 4 Dated: November 12, 2009 Respectfully Submitted, BENJAMIN B. WAGNER 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 IT IS SO ORDERED. Dated: December 30, 2009 emm0d6 /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. /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE

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