Khomlyak v. Napolitano et al

Filing 12

ORDER by Judge Richard A Jones. The court GRANTS the parties' 11 stipulated motion to remand with instructions. The court directs the clerkto stay this matter pending notification from Petitioner that he has either been naturalized or that the parties failed to execute their settlement agreement. (CL)

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Honorable Richard A. Jones

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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ROMAN KHOMLYAK,

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NO. 13-61-RAJ

Petitioner,
v.

ORDER ON STIPULATED MOTION

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JANET NAPOLITANO, ET AL,

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Respondents.

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I.

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Stipulation

The parties have conferred and reached a settlement of this matter, upon
the following conditions:
1.

Petitioner Roman Khomlyak will attend a biometrics capture

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appointment with United States Citizenship and Immigration

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Services (“USCIS”), to be scheduled by USCIS within 21 days of the

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entry of a remand order.

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2.

USCIS will complete all necessary background checks on the

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Petitioner within 21 days of Mr. Khomlyak’s attendance at the

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biometrics appointment.

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JOINT MOTION TO REMAND WITH INSTRUCTIONS – 1
No. 13-61-RAJ

GIBBS HOUSTON PAUW

1000 Second Avenue, Suite 1600
Seattle, WA 98104
Ph. [phone]
Fax. [phone]

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3.

Provided that there are no additional arrests or convictions, other

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than those already disclosed by Mr. Khomlyak on his N-400 form and

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in the N-400 interview, USCIS agrees to grant Mr. Khomlyak’s N-400

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and schedule an oath ceremony within 14 days of the approval.

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4.

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Both parties agree to bear their own costs and fees, except as
provided in paragraph 5.

5.

In the event of a material breach of this settlement agreement, this
Court retains jurisdiction and paragraph 4 does not apply.

Dated this 24th day of April, 2013.
/s/ Devin T. Theriot-Orr
.
Devin T. Theriot-Orr, WSBA #33995
Gibbs Houston Pauw
1000 Second Avenue, Suite 1600
Seattle, WA 98104-1003
[phone], [e-mail]

STUART F. DELERY
Acting Assistant Attorney General
Civil Division

Counsel for Petitioner

J. MAX WEINTRAUB
Senior Litigation Counsel

COLIN A. KISOR
Deputy Director
District Court Section

/s/ Anna Nelson
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Anna Nelson
U.S. Department of Justice
Civil Division
Office of Immigration Litigation
P.O. Box 868, Ben Franklin Station
Washington, D.C. 20044
[phone], [e-mail]
Counsel for Respondents

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JOINT MOTION TO REMAND WITH INSTRUCTIONS – 2
No. 13-61-RAJ

GIBBS HOUSTON PAUW

1000 Second Avenue, Suite 1600
Seattle, WA 98104
Ph. [phone]
Fax. [phone]

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II.

ORDER

Having reviewed the parties’ stipulation, the court GRANTS their joint
motion. Dkt. # 11. Although the parties request a “remand” to United States
Citizenship and Immigration Services, they do not request that the court dismiss
this action. Accordingly, the court directs the clerk to STAY this matter pending
notification from Petitioner that he has either been naturalized or that the parties
failed to execute their settlement agreement.

The stay does not impact the

parties’ execution of their settlement.
Pursuant to the stipulation and agreement of the parties and for good cause
shown, this court directs the parties to adhere to the following instructions: (1)
USCIS shall schedule, and Petitioner shall attend, a biometrics appointment
within 21 days of the entry of a remand order, (2) USCIS shall complete the
necessary background checks within 21 days of the biometrics appointment, and,
subject to paragraph 3 above, (3) USCIS shall approve the application for
naturalization and schedule an oath ceremony within 14 days of the approval.
This Court retains jurisdiction over any dispute regarding the implementation of
this Agreement. Parties are directed to notify the Court of their compliance with
this Order within 14 days of the Petitioner’s oath ceremony
Dated this 26th day of April, 2013.

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The Honorable Richard A. Jones
United States District Court Judge
JOINT MOTION TO REMAND WITH INSTRUCTIONS – 3
No. 13-61-RAJ

GIBBS HOUSTON PAUW

1000 Second Avenue, Suite 1600
Seattle, WA 98104
Ph. [phone]
Fax. [phone]