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Hsu v. Chertoff

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


July 29, 2008

TING HSU, PLAINTIFF,
v.
MICHAEL CHERTOFF, SECRETARY OF HOMELAND 1447(B) SECURITY, ET AL. DEFENDANTS.

The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

JOINT STIPULATION AND [PROPOSED] ORDER RE: REMAND TO U.S. CITIZENSHIP AND IMMIGRATION SERVICES PURSUANT TO 8 U.S.C.

This is an immigration case in which plaintiff has filed to challenge U.S. Citizenship and Immigration Services' (CIS) failure to timely adjudicate her naturalization application and to seek de novo review of this application. As of the time of this filing, the agency is prepared to 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).

Accordingly, the parties jointly agree that the case should be remanded with instructions to complete adjudication of the application within 60 days from the date of the order of remand. In the event CIS fails to timely complete this adjudication, the parties agree that jurisdiction will revert to this Court, and a scheduling conference will take place as soon as possible.

ORDER

Pursuant to this Joint Stipulation and for the reasons stated therein, IT IS HEREBY

ORDERED is remanded with instructions to complete adjudication of the application within 60 days from the date of on which this order is filed.

IT IS SO ORDERED.

20080729

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