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Yu v. Mukasey

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


June 24, 2009

DING CHANG YU, PLAINTIFF,
v.
ATTORNEY GENERAL OF THE UNITED STATES, MICHAEL MUKASEY; U.S. DEPARTMENT OF HOMELAND SECURITY, MICHAEL CHERTOFF, SECRETARY; U.S. CITIZENSHIP AND IMMIGRATION SERVICES, ANITA ERFAN, DIRECTOR OF SAN JOSE OFFICE; U.S. CITIZENSHIP AND IMMIGRATION SERVICES, JONATHAN "JOCK" SCHARFEN, DIRECTOR; AND FEDERAL BUREAU OF INVESTIGATION, ROBERT S. MUELLER III, DIRECTOR, DEFENDANTS.

The opinion of the court was delivered by: Patricia V. Trumull United States Magistrate Judge

STIPULATION TO DISMISS; AND [PROPOSED] ORDER

Plaintiff, by and through his attorney of record, and Defendants, by and through their attorneys of record, hereby stipulate, subject to the approval of the Court, to dismissal of the above-entitled action without prejudice to renewal in light of the fact that the United States Citizenship and Immigration Services agrees, barring any unforeseen circumstances, to adjudicate Plaintiff's application within 30 days of a full and complete interview with Plaintiff's mother, Yong Yi Ou.

Plaintiff agrees that his mother will request and appear for an interview with USCIS when she is physically and mentally able.

Each of the parties shall bear their own costs and fees.

Dated: June 24, 2009

Respectfully submitted,

JOSEPH P. RUSSONIELLO United States Attorney

ILA C. DEISS*fn1 Assistant United States Attorney Attorneys for Defendants

Dated: June 24, 2009

MING JI HE LU Attorneys for Plaintiff

ORDER

Pursuant to stipulation, IT IS SO ORDERED.


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