Singh v. Napoliatano, et al.

Filing 8

STIPULATION and ORDER re: Remand for Agency Adjudication pursuant to 8USC 1447(b), signed by Chief Judge Anthony W. Ishii on 03/21/2011 REMANDING CASE to Citizenship and Immigration Services. Copy of remand order sent to other court. CASE CLOSED (Martin, S)

-SKO Singh v. Napoliatano, et al.

Doc. 8

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BENJAMIN B. WAGNER 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 AMARJIT SINGH, Plaintiff, v. Janet Napolitano, Secretary of Homeland Security, et al. Defendants. ) ) ) ) ) ) ) ) ) ) ) No. CV F 11-cv-220 AWI SKO STIPULATION AND PROPOSED ORDER RE: REMAND FOR AGENCY ADJUDICATION PURSUANT TO 8 U.S.C. § 1447(b)

14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: March 21, 2011

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 30 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.

Respectfully Submitted, BENJAMIN B. WAGNER United States Attorney

-1Dockets.Justia.com

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 IT IS SO ORDERED. Dated: 0m8i78 March 21, 2011

By:

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

By:

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 30 days from the date of this Order.

CHIEF UNITED STATES DISTRICT JUDGE

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