Bandarapalli v. Johnson et al

Filing 23

ORDER by Magistrate Judge Maria-Elena James granting 22 Stipulation Remanding Case to United States Citizenship and Immigration Services. (Attachments: # 1 Certificate/Proof of Service)(rmm2S, COURT STAFF) (Filed on 4/19/2017)

1 BRIAN J. STRETCH (CABN 163973)
United States Attorney
2
SARA WINSLOW (DC Bar No. 457643)
3 Chief, Civil Division
Assistant United States Attorney
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450 Golden Gate Avenue, Box 36055
San Francisco, California 94102-3495
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Telephone: [phone]
FAX: [phone]
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[e-mail]
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Attorneys for Defendants
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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RAJPAL BANDARAPALLI,
C 17-00194 MEJ
Plaintiff,

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v.

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JEH JOHNSON, Department of Homeland
Security (DHS); LEON RODRIGUEZ,
Director, USCIS, JOHN CRAMER, District
Director, San Francisco USCIS Field Office,

STIPULATION REMANDING CASE TO
UNITED STATES CITIZENSHIP AND
IMMIGRATION SERVICES, PURSUANT TO 8
U.S.C. § 1447(b) and [PROPOSED] ORDER

Defendants.

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1.

Plaintiff commenced an action pursuant to 8 U.S.C. § 1447(b), requesting this Court to

21 adjudicate his application for naturalization that was pending before the United States Citizenship and
22 Immigration Services (“USCIS” or “the agency”) for more than 120 days after Plaintiff had been
23 interviewed.
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2.

USCIS is now prepared to resolve this matter by adjudicating Plaintiff’s application for

25 naturalization. However, USCIS cannot adjudicate the application unless and until the Court remands
26 the matter to the agency. See 8 U.S.C. § 1447(b) (explaining that the district court “may remand [a
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STIPULATION TO REMAND
C17-00194 MEJ

1 Section 1447(b) case], with appropriate instructions, to the [USCIS]”); United States v. Hovsepian, 359
2 F.3d 1144, 1160 (9th Cir. 2004) (accord).
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Accordingly, IT IS HEREBY STIPULATED that:

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1.

The Court shall remand this case to USCIS, directing the agency to take any and all

5 necessary actions, and issue a decision on Plaintiff’s application for naturalization within 30 days of the
6 remand order.
2.

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If USCIS does not issue a decision on Plaintiff’s application for naturalization within the

8 time frame set forth in paragraph 1 above, Defendants will not oppose any request by Plaintiff to this
9 Court to vacate the remand order and thereby re-assert jurisdiction over Plaintiff’s action pursuant to 8
10 U.S.C. § 1447(b). Each party will bear their own costs and attorney fees.
11 Date: April 18, 2017

Respectfully submitted,

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BRIAN J. STRETCH
United States Attorney

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___/s/ Sara Winslow___________
SARA WINSLOW
Assistant United States Attorney
Attorneys for Defendants

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18 Dated:

RAJPAL BANDARAPALLI
Pro Se

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ORDER

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Pursuant to stipulation, IT IS SO ORDERED.

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24 Date:
___________________________
Maria-Elena James
United States Magistrate Judge

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STIPULATION TO REMAND
C17-00194 MEJ

1 Section 1447(b) case], with appropriate instructions, to the [USCIS]”); United States v. Hovsepian, 359
2 F.3d 1144, 1160 (9th Cir. 2004) (accord).
3

Accordingly, IT IS HEREBY STIPULATED that:

4

1.

The Court shall remand this case to USCIS, directing the agency to take any and all

5 necessary actions, and issue a decision on Plaintiff’s application for naturalization within 30 days of the
6 remand order.
2.

7

If USCIS does not issue a decision on Plaintiff’s application for naturalization within the

8 time frame set forth in paragraph 1 above, Defendants will not oppose any request by Plaintiff to this
9 Court to vacate the remand order and thereby re-assert jurisdiction over Plaintiff’s action pursuant to 8
10 U.S.C. § 1447(b). Each party will bear their own costs and attorney fees.
11 Date:

Respectfully submitted,

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BRIAN J. STRETCH
United States Attorney

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_______ _________________
SARA WINSLOW
Assistant United States Attorney
Attorneys for Defendants

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18 Dated:

RAJPAL BANDARAPALLI
Pro Se

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ORDER

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Pursuant to stipulation, IT IS SO ORDERED.

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24 Date: April 19, 2017
___________________________
Maria-Elena James
United States Magistrate Judge

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STIPULATION TO REMAND
C17-00194 MEJ