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Toma v. Keisler

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


October 15, 2007

DIYA YALDA TOMA, PLAINTIFF,
v.
PETER D. KEISLER, ACTING ATTORNEY GENERAL OF THE UNITED STATES; MICHAEL CHERTOFF, SECRETARY OF THE DEPARTMENT USCIS NO. A47 565 541 OF HOMELAND SECURITY; EMILIO T. GONZALEZ, DIRECTOR OF THE UNTIED STATES CITIZENSHIP AND IMMIGRATION SERVICES; ALFONSO AGUILAR, CHIEF OF CITIZENSHIP UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES; PAUL M. PIERRE, DISTRICT DIRECTOR OF THE UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICE; ROBERT S. MUELLER III, DIRECTOR OF FEDERAL BUREAU OF INVESTIGATION, DEFENDANTS.

The opinion of the court was delivered by: Honorable Larry Alan Burns United States District Judge

ORDER GRANTING JOINT MOTION TO REMAND [Docket No. 5]

The parties have jointly moved to remand this case to the U.S. Citizenship and Immigration Services ("USCIS"), representing that Plaintiff's name check is complete and USCIS is prepared to adjudicate his application within sixty days. This case is therefore hereby REMANDED for adjudication of the naturalization application. The remand is without prejudice to refiling in the event Plaintiff's application is denied or USCIS fails to adjudicate the application within sixty days of the date this order is entered.

IT IS SO ORDERED.

20071015

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