Singh v. United States Citizenship and Immigration Services ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SUKHVINDER SINGH, No. 1:23-cv-00304-ADA-BAM 12 Plaintiff, ORDER GRANTING STIPULATION OF THE PARTIES TO REMAND MATTER 13 v. PURSUANT TO 8 U.S.C. § 1447(b) 14 UNITED STATES CITIZENSHIP AND (ECF No. 6) IMMIGRATION SERVICES, et al., 15 Defendants. 16 17 On March 1, 2023, Plaintiff Sukhvinder Singh filed a complaint seeking a writ of 18 mandamus from this Court compelling Defendants to adjudicate an application for naturalization. 19 (ECF No. 1.) On April 13, 2023, the parties filed a stipulation, requesting that the Court remand 20 the matter pursuant to 8 U.S.C. § 1147(b) to the United States Citizenship and Immigration 21 Services (“USCIS”) with instructions to adjudicate Plaintiff’s application for naturalization within 22 120 days. (ECF No. 6.) 23 If USCIS fails to adjudicate a naturalization application within 120 days of the applicant’s 24 initial interview, the applicant may seek a hearing before a district court judge. 8 U.S.C. § 25 1447(b). Such a request vests the district court with exclusive jurisdiction over the matter. 26 United States v. Hovsepian, 359 F.3d 1144, 1164 (9th Cir. 2004). The district court may then 27 “either determine the matter or remand the matter, with appropriate instructions, to the Service to 28 determine the matter.” 8 U.S.C. § 1447(b). 1 Accordingly, 2 1. The stipulation of the parties, (ECF No. 6), is granted, in full; 3 2. The matter is remanded to the United States Citizenship and Immigration Services 4 with instructions to adjudicate the matter within 120 days of the date of signature 5 on this order; 6 3. The Clerk of Court is directed to close this case. 4 8 g | SO ORDERED. 10 Dated: _ April 26, 2023 UNITED fTATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28