Salman v. Department of Homeland Security

Filing 9

ORDER granting 8 Motion to Remand to USCIS and dismissing action w/o prejudice. Signed by District Judge Max O. Cogburn, Jr on 12/21/2011. (bsw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:11-cv-366

NASER HASAN MOHAMMAD SALMAN, )
)
Plaintiff,
)
)
v.
)
)
UNITED STATES DEPARTMENT OF
)
HOMELAND SECURITY,
)
)
Defendant.
)
)

STIPULATION TO REMAND TO
UNITED STATES CITIZENSHIP AND
IMMIGRATION SERVICES

The parties, through their undersigned counsel, hereby stipulate and jointly move
the Court for an order remanding this matter to United States Citizenship and
Immigration Services (“USCIS”) and dismissing this action, without prejudice.

This is an action for a judicial hearing on Plaintiff’s application for naturalization
(Form N-400). Plaintiff alleges a delay by USCIS in adjudicating his application. The
parties have been advised that USCIS is ready to re-interview the Plaintiff and will soon
be ready to adjudicate the matter and to issue a decision on Plaintiff’s application.
The Court, having reviewed the pleadings and materials in this case, hereby
ORDERS that:
1. Plaintiff’s naturalization application is REMANDED to USCIS for adjudication
of, and issuance of a decision on, said application within 60 days after entry of this Order.
For purposes of this Order, “adjudication of, and issuance of a decision on” is limited to

the decision by USCIS on Plaintiff’s naturalization application (N-400) and does not
include any decision by USCIS regarding any subsequent administrative appeal by
Plaintiff, pursuant to 8 C.F.R. § 336.2, in the event the application is adjudicated
negatively.
2. This action is DISMISSED without prejudice and without costs or attorney
fees, including those under the Equal Access to Justice Act or any other provision of law.

IT IS ORDERED.
Signed: December 21, 2011

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Dated: December 14, 2011
TONY WEST
Assistant Attorney General

/s/ Alan S. Gordon
Alan S. Gordon, Esq.
N.C. Bar No.: 7754
Alan Gordon Immigration &
Naturalization Law
1018 East Blvd., Suite 7
Charlotte, NC 28203
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]

JEFFREY S. ROBINS
Assistant Director
/s/ Timothy M. Belsan
TIMOTHY M. BELSAN
Trial Attorney
United States Department of Justice
Office of Immigration Litigation
District Court Section
Ben Franklin Station, P.O. Box 868
Washington, DC 20044
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

Attorney for Plaintiff

Attorneys for Defendants

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CERTIFICATE OF SERVICE
11-cv-366
I hereby certify that on this 14th day of December 2011, a true and correct copy of the
STIPULATION TO REMAND TO UNITED STATES CITIZENSHIP AND
IMMIGRATION SERVICES was served pursuant to the district court’s ECF system to the
following ECF filer:

Alan S. Gordon, Esq.
N.C. Bar No.: 7754
Alan Gordon Immigration &
Naturalization Law
1018 East Blvd., Suite 7
Charlotte, NC 28203
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]

/s/ Timothy M. Belsan
TIMOTHY M. BELSAN
Trial Attorney
United States Department of Justice
Office of Immigration Litigation
District Court Section
Ben Franklin Station, P.O. Box 868
Washington, DC 20044
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

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