Saleh v. Kramar et al

Filing 12

STIPULATION AND ORDER re 9 STIPULATION WITH PROPOSED ORDER Stipulation Remanding Case to United States Citizenship and Immigration Services, Pursuant to 8 U.S.C. § 1447(b) and [Proposed] Order filed by Jeh Johnson, Leon Rodriguez, John Kramar, Mohamed Ali Saleh, ORDER REMANDING CASE.. Signed by Magistrate Judge Kandis A. Westmore on 4/26/16. (sisS, COURT STAFF) (Filed on 4/26/2016)

1 BRIAN J. STRETCH (CABN 163973)
United States Attorney
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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 Respondents
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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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Petitioner,
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v.
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JOHN KRAMAR, District Director, U.S.
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Department of Homeland Security, Citizenship )
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and Immigration Services, San Francisco
District; LEON RODRIGUEZ, Director of U.S. )
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Department of Homeland Security, Citizenship )
and Immigration Services; JEH JOHNSON,
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U.S. Secretary of Homeland Security,
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Respondents.
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MOHAMED ALI SALEH,

C 16-0985 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.

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

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

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

27 naturalization. However, USCIS cannot adjudicate the application unless and until the Court remands
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STIPULATION TO REMAND
C16-0985 KAW

1 the matter to the agency. See 8 U.S.C. § 1447(b) (explaining that the district court “may remand [a
2 Section 1447(b) case], with appropriate instructions, to the [USCIS]”); United States v. Hovsepian, 359
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
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necessary actions, and issue a decision on Petitioner’s application for naturalization within 30 days of
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the remand order.
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2.
If USCIS does not issue a decision on Petitioner’s application for naturalization within
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the time frame set forth in paragraph 1 above, Respondents will not oppose any request by Petitioner to
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this Court to vacate the remand order and thereby re-assert jurisdiction over Petitioner’s action pursuant
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to 8 U.S.C. § 1447(b). Each party will bear their own costs and attorney fees.
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Date: April 11, 2016
Respectfully submitted,
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BRIAN J. STRETCH
United States Attorney

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_______/s/_ _________________
SARA WINSLOW
Assistant United States Attorney
Attorneys for Respondents

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Dated: April 9, 2016

/s/
ROBERT BAIZER
Attorney for Petitioner

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ORDER

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Pursuant to stipulation, IT IS SO ORDERED.

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Date: 4/26/16
___________________________
KANDIS A. WESTMORE
United States Magistrate Judge

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STIPULATION TO REMAND
C16-0985 KAW