Khadiv v. Lynch et al

Filing 13

ORDER GRANTING STIPULATION REMANDING CASE to United States Citizenship and Immigration Services, Pursuant to 8 U.S.C. § 1447(b). ***Civil Case Terminated. Signed by Judge Nathanael Cousins on 2/23/2017. (lmh, COURT STAFF) (Filed on 2/23/2017)

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 Defendants
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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BAHMAN KAYHAN KHADIV,

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Plaintiff,
v.

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LORETTA E. LYNCH, Attorney General
of the United States;
JEH CHARLES JOHNSON, Secretary of the
Department of Homeland Security;
JOHN KRAMAR, District Director, San Jose
U.S. Citizenship and Immigration Services,

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Defendants.

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C 16-06691 NC

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

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1.

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

22 adjudicate his 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
interviewed.
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2.
USCIS is now prepared to resolve this matter by adjudicating Plaintiff’s application for
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naturalization. However, USCIS cannot adjudicate the application unless and until the Court remands
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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
C16-06691 NC

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).
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 Plaintiff’s application for naturalization within 60 days of the
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remand order.
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2.
If USCIS does not issue a decision on Plaintiff’s application for naturalization within the
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time frame set forth in paragraph 1 above, Defendants will not oppose any request by Plaintiff to this
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Court to vacate the remand order and thereby re-assert jurisdiction over Plaintiff’s action pursuant to 8
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U.S.C. § 1447(b). Each party will bear their own costs and attorney fees.
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Date: February 23, 2017
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 Defendants

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Dated: February 23, 2017

/s/
GABRIEL D. JACK
Attorney for Plaintiff

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Pursuant to stipulation, IT IS SO ORDERED.

ER

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STIPULATION TO REMAND
C16-06691 NC

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Judge Na

Cousins

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___________________________
TED
GRAN
NATHANAEL COUSINS
United States Magistrate Judge

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Date: February 23, 2017
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ORDER

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