Sui v. United States Citizenship and Immigration Services et al

Filing 13

STIPULATION AND ORDER to Remand Case re parties' 12 Stipulated MOTION. This matter is REMANDED to USCIS. Signed by Judge Ricardo S. Martinez. (TH)

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1 The Honorable Ricardo S. Martinez 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE 9 10 11 12 JIAN WEI (BRUCE) SUI, 13 14 2:18-cv-00107-RSM Plaintiff, STIPULATED MOTION AND ORDER TO REMAND v. 15 UNITED STATES CITIZENSHIP AND 16 17 18 19 20 21 22 IMMIGRATION SERVICES; FEDERAL BUREAU OF INVESTIGATION; JILL A. EGGLESTON, DIRECTOR OF USCIS FOIA OPERATIONS; DAVID HARDY, SECTION CHIEF OF THE RECORDS MANAGEMENT DIVISION OF THE FBI; KIRSTJEN M. NIELSEN, SECRETARY OF THE DEPARTMENT OF HOMELAND SECURITY; JEFFERSON SESSIONS, ATTORNEY GENERAL OF THE UNITED STATES, 23 Defendants. 24 JOINT STIPULATION 25 26 The parties stipulate and agree that all claims in this matter can be remanded to 27 U.S. Citizenship and Immigration Services (“USCIS”). Within one week of the date 28 when a remand order is signed, USCIS will adjudicate plaintiff’s pending N-336, Request Stipulation and Order 2:18-cv-00107-RSM - 1 UNITED STATES ATTORNEY 700 STEWART STREET, SUITE 5220 SEATTLE, WASHINGTON 98101 (206) 553-7970 1 for a hearing on a Decision in Naturalization Proceedings as well as his N-400 2 3 Application for Naturalization. If plaintiff continues to maintain good moral character, 4 USCIS will schedule the Oath of Allegiance within four weeks of the date a remand order 5 is signed. 6 Within a week after plaintiff swears the Oath of Allegiance, the parties will file a 7 8 stipulation of dismissal with prejudice in which the parties agree to dismiss all claims 9 against all defendants in this matter with prejudice and without fees or costs to either 10 11 party. 12 13 Dated this 10th day of September, 2018. Dated this 10th day of September, 2018. 14 GIBBS HOUSTON PAUW ANNETTE L. HAYES United States Attorney s/ Robert Pauw Robert Pauw, WSBA No. 13613 Gibbs Houston Pauw 1000 Second Avenue, Suite 1600 Seattle, Washington 98104-1003 Phone: 206-682-1080 Email: rpauw@ghp-law.net s/ Sarah K. Morehead SARAH K. MOREHEAD, WSBA No. 29680 Assistant United States Attorney United States Attorney=s Office 700 Stewart Street, Suite 5220 Seattle, Washington 98101-1271 Phone: 206-553-7970 Email: sarah.morehead@usdoj.gov 15 16 17 18 19 20 21 Attorney for Plaintiff Attorney for Defendants 22 23 24 25 26 27 28 Stipulation and Order 2:18-cv-00107-RSM - 2 UNITED STATES ATTORNEY 700 STEWART STREET, SUITE 5220 SEATTLE, WASHINGTON 98101 (206) 553-7970 1 ORDER 2 3 4 The parties having so stipulated, IT IS ORDERED that the stipulation is granted. This matter is REMANDED to USCIS. 5 6 Dated this 10 day of September 2018. 7 8 A 9 10 RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stipulation and Order 2:18-cv-00107-RSM - 3 UNITED STATES ATTORNEY 700 STEWART STREET, SUITE 5220 SEATTLE, WASHINGTON 98101 (206) 553-7970

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