Singh v. Napoliatano et al
Filing
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STIPULATION and ORDER Re REMAND for Agency Adjudication Pursuant to 8 U.S.C. 1447(b) signed by District Judge Lawrence J. O'Neill on 11/23/2011. (Sant Agata, S)
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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: (916) 554-2729
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Attorneys for Defendants
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IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF CALIFORNIA
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MANJEET SINGH,
Plaintiff,
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v.
Janet Napolitano, Secretary of Homeland
Security, et al.
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Defendants.
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No. CV F 11-cv-1638 LJO DLB
STIPULATION AND ORDER RE:
REMAND FOR AGENCY
ADJUDICATION PURSUANT TO 8
U.S.C. § 1447(b)
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This is an immigration case in which plaintiff has filed to challenge U.S. Citizenship and
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Immigration Services’ (CIS) failure to timely adjudicate his naturalization application and to seek
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de novo review of this application. As of the time of this filing, the agency is prepared to
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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).
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Accordingly, the parties jointly agree that the case should be remanded with instructions to
complete adjudication of the case within 45 days from the date of the order of remand.
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Dated: November 23, 2011
Respectfully Submitted,
BENJAMIN B. WAGNER
United States Attorney
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By:
/s/Audrey Hemesath
Audrey B. Hemesath
Assistant U.S. Attorney
Attorneys for the Respondents
By:
/s/ James Makasian
James Makasian
Attorney for the Petitioner
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ORDER
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Pursuant to this Joint Stipulation and for the reasons stated therein, the case is remanded to
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Citizenship and Immigration Services to complete adjudication on the application for
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naturalization within 45 days from the date of this Order.
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IT IS SO ORDERED.
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Dated:
b9ed48
November 23, 2011
/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE
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