Kataya v. Mayorkas ( 2023 )

1 ISMAIL J. RAMSEY (CABN 189820) United States Attorney 2 MICHELLE LO (NYRN 4325163) Chief, Civil Division 3 ELIZABETH D. KURLAN (CABN 255869) Assistant United States Attorney 4 450 Golden Gate Avenue, Box 36055 5 San Francisco, California 94102-3495 Telephone: (415) 436-7298 6 FAX: (415) 436-6748 elizabeth.kurlan@usdoj.gov 7 Attorneys for Defendants 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 DANI RAFIK KATAYA, C 3:23-01019 TSH 13 Plaintiff, STIPULATION REMANDING CASE TO 14 v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, PURSUANT TO 15 8 U.S.C. § 1447(b) and [PROPOSED] ORDER ALEJANDRO MAYORKAS, Secretary of U.S. 16 Department of Homeland Security, et al., 17 Defendants. 18 19 20 Plaintiff commenced an action pursuant to 8 U.S.C. § 1447(b), requesting this Court to 21 adjudicate his application for naturalization that was pending before the United States Citizenship and 22 Immigration Services (“USCIS” or “the agency”) for more than 120 days after Plaintiff had been 23 interviewed. USCIS now is prepared to resolve this matter by adjudicating Plaintiff’s application for 24 naturalization. However, USCIS cannot adjudicate the application until the Court remands the matter to 25 the agency. See 8 U.S.C. § 1447(b) (explaining that the district court “may remand [a Section 1447(b) 26 case], with appropriate instructions, to the [USCIS]”); United States v. Hovsepian, 359 F.3d 1144, 1160 27 (9th Cir. 2004) (accord). ] Accordingly, subject to the Court’s approval, IT IS HEREBY STIPULATED that: 2 1. USCIS will schedule Plaintiff for a re-interview within three weeks of the remand. 3 2. The Court shall remand this case to USCIS, 630 Sansome Street, San Francisco, CA 4 || 94111, directing the agency to take all necessary actions, and to issue a decision on Plaintiff's 5 || application for naturalization within fourteen days of the reinterview, absent unforeseen circumstances. 6 3. If USCIS does not issue a decision on Plaintiff's application for naturalization within the 7 || time frame set forth in paragraph 2 above, Defendants will not oppose any request by Plaintiff to this 8 || Court to vacate the remand order and thereby re-assert jurisdiction over Plaintiff's action pursuant to 8 9 |] U.S.C. § 1447(b). 10 4. Each of the parties shall bear their own costs and fees. In accordance with Civil Local 11 |} Rule 5(h)(3), the filer of this document attests that all signatories listed below concur in the filing of this 12 |} document. 13 || Dated: April 10, 2023 Respectfully submitted, 14 ISMAIL J. RAMSEY United States Attorney 15 16 _/s/ Elizabeth D. Kurlan ___ ELIZABETH D. KURLAN 17 Assistant United States Attorney Attorneys for Defendants 18 19 || Dated: April 10, 2023 /s/ Arash Yasrebi 20 ARASH YASREBI Attorney for Plaintiff 21 02 PROPOSED} ORDER 23 Pursuant to stipulation, IT IS SO ORDERED. 24 . 25 || April 24, 2023 TAA. ky THOMAS S. HIXSON %6 United States Magistrate Judge 27 28 Stipulation to Remand C 2-92_ey_N1019 TSU