Singh v. Napoliatano et al

Filing 13

STIPULATION and ORDER Re REMAND for Agency Adjudication Pursuant to 8 U.S.C. 1447(b) signed by District Judge Lawrence J. O'Neill on 11/23/2011. (Sant Agata, S)

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4 BENJAMIN B. WAGNER United States Attorney AUDREY B. HEMESATH Assistant United States Attorney 501 I Street, Suite 10-100 Sacramento, California 95814 Telephone: (916) 554-2729 5 Attorneys for Defendants 1 2 3 6 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 7 8 9 MANJEET SINGH, Plaintiff, 10 11 12 v. Janet Napolitano, Secretary of Homeland Security, et al. 13 Defendants. 14 ) ) ) ) ) ) ) ) ) ) ) No. CV F 11-cv-1638 LJO DLB STIPULATION AND ORDER RE: REMAND FOR AGENCY ADJUDICATION PURSUANT TO 8 U.S.C. § 1447(b) 15 16 This is an immigration case in which plaintiff has filed to challenge U.S. Citizenship and 17 Immigration Services’ (CIS) failure to timely adjudicate his naturalization application and to seek 18 de novo review of this application. As of the time of this filing, the agency is prepared to 19 adjudicate the application. Because of the jurisdictional posture of the case, the agency cannot complete that process until the case is remanded with instructions to CIS. 8 U.S.C. § 1447(b). 20 21 Accordingly, the parties jointly agree that the case should be remanded with instructions to complete adjudication of the case within 45 days from the date of the order of remand. 22 23 24 25 26 27 28 -1- 1 Dated: November 23, 2011 Respectfully Submitted, BENJAMIN B. WAGNER United States Attorney 2 3 4 By: /s/Audrey Hemesath Audrey B. Hemesath Assistant U.S. Attorney Attorneys for the Respondents By: /s/ James Makasian James Makasian Attorney for the Petitioner 5 6 7 8 9 10 11 12 ORDER 13 14 Pursuant to this Joint Stipulation and for the reasons stated therein, the case is remanded to 15 Citizenship and Immigration Services to complete adjudication on the application for 16 naturalization within 45 days from the date of this Order. 17 18 19 20 IT IS SO ORDERED. 21 Dated: b9ed48 November 23, 2011 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 22 23 24 25 26 27 28 -2-

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