Singh v. Crawford et al

Filing 8

Joint Stipulation and ORDER re Remand pursuant to 8 USC 1447(b), signed by District Judge Anthony W. Ishii on 5/8/14. (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, CA 95814
Telephone: [phone]
Email: [e-mail]

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Attorneys for Defendants

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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MAJOR SINGH,

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Plaintiff,

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v.

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JONATHAN CRAWFORD, et. al,

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Defendant.

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)
) Case No.: 1:14-cv-421 AWI SMS
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) Joint Stipulation and Order re: Remand
) Pursuant to 8 U.S.C. § 1447(b)
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This is an immigration case in which Plaintiff alleges that Defendants United States
Citizenship and Immigration Services (USCIS) has failed to make a determination on his
application for naturalization within 120 days as required by statute. 8 U.S.C. § 1447(b). That

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statute provides that upon proper filing of a lawsuit, the Court may review the application de

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novo or remand the matter to the agency with instructions to adjudicate. The parties now

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stipulate to the latter, with instructions that USCIS adjudicate within 30 days from the date of the

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Court order.

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In the event the adjudication is a denial of naturalization, the parties as well stipulate that

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jurisdiction will revert to this Court pursuant to 8 U.S.C. § 1421(c), following exhaustion of
administrative remedies. The parties will promptly file a status report in such event.

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Dated: May 1, 2014

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Respectfully submitted,
BENJAMIN B. WAGNER
United States Attorney

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/s/ Audrey B. Hemesath
AUDREY B. HEMESATH
Assistant U.S. Attorney

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DATED: May 1, 2014

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Respectfully submitted,
/s/ James Makasian
James Makasian
Attorney for the Plaintiff

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ORDER

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Pursuant to 8 U.S.C. § 1447(b), United States Citizenship and Immigration Services is
ordered to adjudicate the naturalization application within 30 days.

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IT IS SO ORDERED.
Dated: May 8, 2014
SENIOR DISTRICT JUDGE

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