Sanchez v. Napolitano et al

Filing 11

JOINT STIPULATION and ORDER re Remand Pursuant to 8 USC 1447(b), signed by District Judge Lawrence J. O'Neill on 4/2/13. CASE CLOSED. (Verduzco, M)

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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]

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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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FILBERTO CASTILLO SANCHEZ,
Plaintiff,

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v.
Janet Napolitano, et al.
Defendants.

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No. 1:13 cv 314 LJO SKO
JOINT STIPULATION AND [PROPOSED]
ORDER RE: REMAND 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 30 days from the date of the order of remand.

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Dated: April 1, 2013
BENJAMIN B. WAGNER
United States Attorney

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By:

/s/Audrey Hemesath
Audrey B. Hemesath
Assistant U.S. Attorney
Attorneys for the Defendants

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By:

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/s/ Peter Singh
Peter Singh
Attorney for the Plaintiff

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ORDER
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Pursuant to this Joint Stipulation and for the reasons stated therein, IT IS HEREBY
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ORDERED the matter is remanded to United States Citizenship and Immigration Services with
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instructions to adjudicate the application within 30 days.
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IT IS SO ORDERED.
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Dated:
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April 2, 2013

/s/ Lawrence J. O'Neill
66h44d
UNITED STATES DISTRICT JUDGE

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