Kaur v. Barrett et al

Filing 11

STIPULATION AND ORDER REMANDING CASE TO us CITIZENSHIP & IMMIGRATION SERVICES re 8 STIPULATION WITH PROPOSED ORDER Stipulation Remanding Case to United States Citizenship and Immigration Services, Pursuant to 8 U.S.C. § 1447(b) and [P roposed] Order filed by Robin Barrett, U.S. Department of Homeland Security, Jeh Johnson, Kulwant Kaur, Leon Rodriguez, U.S. Citizenship and Immigration Services, Loretta Lynch, ***Civil Case Terminated. Signed by Magistrate Judge Kandis A. Westmore on 4/2/26. (sisS, COURT STAFF) (Filed on 4/1/2016)

1 BRIAN J. STRETCH (CABN 163973)
Acting United States Attorney
2
ALEX G. TSE (CABN 152348)
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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OAKLAND DIVISION
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)
)
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Plaintiff,
)
)
v.
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ROBIN BARRETT, Field Office Director,
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USCIS San Francisco; LEON RODRIGUEZ, )
)
Director, U.S. Citizenship and Immigration
)
Services; JEH JOHNSON, Secretary, U.S.
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Department of Homeland Security LORETTA )
LYNCH, U.S. Attorney General,
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)
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Defendants.
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KULWANT KAUR,

C 16-00761 KAW

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

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1.

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

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

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

26 naturalization. However, USCIS cannot adjudicate the application unless and until the Court remands
27 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
C16-00761 KAW

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

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: March 18, 2016

Respectfully submitted,

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BRIAN J. STRETCH
Acting United States Attorney

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_______/s/_Alex G. Tse__________
ALEX G. TSE
Assistant United States Attorney
Attorneys for Defendants

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18 Dated: March 18, 2016

/s/ Sarah B. Castello
SARAH B. CASTELLO
Attorney for Plaintiff

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ORDER
Pursuant to stipulation, IT IS SO ORDERED.

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Date: 4/1/16
___________________________
KANDIS A. WESTMORE
United States Magistrate Judge

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STIPULATION TO REMAND
C16-00761 KAW