Hong v. Keisler et al

Filing 28

ORDER signed by Judge Morrison C. England, Jr on 2/5/08 ORDERING 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. (Anderson, J)

Hong v. Keisler et al

Doc. 28

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McGREGOR W. SCOTT 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

PING HONG,

) ) Plaintiff, ) ) v. ) ) MICHAEL CHERTOFF, et al., ) ) ) Defendants. ) __________________________________________)

No. 2:08-cv-00036-MCE-DAD

STIPULATION RE: REMAND AND RESPONDENTS' ANSWER AND ORDER

This is an immigration case in which plaintiff has filed to challenge U.S. Citizenship and Immigration Services' (CIS) failure to timely adjudicate her naturalization application and to seek de novo review of this application. The delay in the agency adjudication of the application was in the Federal Bureau of Investigations' (FBI) processing of the background name check. As of the time of this filing, the name check is now complete, and 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 60 days from the date of the order of remand. /// /// /// 1

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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.

Dated: February 4, 2008

Respectfully Submitted, McGREGOR W. SCOTT United States Attorney

By: 9 10 11 By: 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Dated: February 5, 2008

/s/Audrey Hemesath Audrey B. Hemesath Assistant U.S. Attorney Attorneys for the Respondents /s/ James B. Macy James B. Macy 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. IT IS SO ORDERED.

_____________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE