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Kaur v. Napolitano

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


December 30, 2009

HARINDER KAUR, ET AL., PLAINTIFF,
v.
JANET NAPOLITANO, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

STIPULATION RE: REMAND AND RESPONDENTS' ANSWER AND ORDER

This is an immigration case in which plaintiffs have filed to challenge U.S. Citizenship and Immigration Services' (CIS) failure to timely adjudicate their naturalization applications and to seek de novo review of these applications. As of the time of this filing, the agency is prepared to adjudicate the applications. 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 case 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 that the case be remanded to Citizenship and Immigration Services to complete adjudication on the application for naturalization within 60 days from the date of this Order.

IT IS SO ORDERED.

20091230

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