Bal v. Holder

Filing 9

STIPULATION and ORDER 8 for remand signed by Judge John A. Mendez on 12/12/2014.This action is REMANDED to United States Citizenship and Immigration Services. USCIS is ordered to adjudicate the naturalization application within 30 days. (Marciel, M)

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5 BENJAMIN B. WAGNER United States Attorney AUDREY B. HEMESATH Assistant United States Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916) 554-2700 Email: Audrey.Hemesath@usdoj.gov 6 Attorneys for Defendants 1 2 3 4 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 8 9 HARKIRAT SINGH BAL, 10 Plaintiff, 11 v. 12 13 ERIC HOLDER, 14 Defendant. 15 ) ) Case No.: 2:14-cv-2283 JAM EFB ) ) Joint Stipulation and Order re: Remand ) Pursuant to 8 U.S.C. § 1447(b) ) ) ) ) ) ) 16 17 18 19 This is an immigration case in which Plaintiff alleges that Defendant has failed to make a determination on his application for naturalization within 120 days as required by statute. 8 U.S.C. § 1447(b). The parties stipulate to a remand to United States Citizenship and 20 21 22 23 24 25 Immigration Services with instructions to adjudicate the matter within 30 days of the order of remand. In the event the adjudication is a denial of naturalization, the parties as well stipulate that jurisdiction will revert to this Court pursuant to 8 U.S.C. § 1421(c). The parties will promptly file a status report in such event. 26 27 Each side to bear its own costs of litigation. 28 1 1 Dated: December 11, 2014 Respectfully submitted, BENJAMIN B. WAGNER United States Attorney 2 3 /s/ Audrey B. Hemesath AUDREY B. HEMESATH Assistant U.S. Attorney 4 5 6 7 8 DATED: December 11, 2014 9 10 Respectfully submitted, /s/ James Makasian James Makasian Attorney for the Plaintiff 11 ORDER 12 13 14 Pursuant to 8 U.S.C. § 1447(b), United States Citizenship and Immigration Services is ordered to adjudicate the naturalization application within 30 days. 15 16 17 18 19 DATED: 12/12/2014 /s/ John A. Mendez_______________________ UNITED STATES DISTRICT COURT JUDGE 20 21 22 23 24 25 26 27 28 2

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