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Filberto Castillo Sanchez v. Janet Napolitano

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


April 2, 2013

FILBERTO CASTILLO SANCHEZ,
PLAINTIFF,
v.
JANET NAPOLITANO, ET AL.
DEFENDANTS.

The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge

JOINT STIPULATION AND [PROPOSED] ORDER RE: REMAND PURSUANT TO 8 U.S.C. § 1447(b)

This is an immigration case in which plaintiff has filed to challenge U.S. Citizenship and Immigration Services' (CIS) failure to timely adjudicate his 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 case within 30 days from the date of the order of remand.

Dated: April 1, 2013 BENJAMIN B. WAGNER United States Attorney By: /s/Audrey Hemesath Audrey B. Hemesath Assistant U.S. Attorney Attorneys for the Defendants By: /s/ Peter Singh Peter Singh Attorney for the Plaintiff

ORDER

Pursuant to this Joint Stipulation and for the reasons stated therein, IT IS HEREBY ORDERED the matter is remanded to United States Citizenship and Immigration Services with instructions to adjudicate the application within 30 days.

IT IS SO ORDERED.

20130402

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