Dietz 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 Facsimile: (415) 436-6748 elizabeth.kurlan@usdoj.gov 7 Attorneys for Defendants 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 OAKLAND DIVISION 11 12 SHALLU RANI DIETZ, C 4:23-cv-01021 DMR 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 Plaintiff commenced an action pursuant to 8 U.S.C. § 1447(b), requesting this Court to 20 adjudicate his application for naturalization that was pending before the United States Citizenship and 21 Immigration Services (“USCIS” or “the agency”) for more than 120 days after Plaintiff had been 22 interviewed. USCIS now is prepared to resolve this matter by adjudicating Plaintiff’s application for 23 naturalization. However, USCIS cannot adjudicate the application until the Court remands the matter to 24 the agency. See 8 U.S.C. § 1447(b) (explaining that the district court “may remand [a Section 1447(b) 25 case], with appropriate instructions, to the [USCIS]”); United States v. Hovsepian, 359 F.3d 1144, 1160 26 (9th Cir. 2004) (accord). 27 Accordingly, subject to the Court’s approval, IT IS HEREBY STIPULATED that: 1 1. The Court shall remand this case to USCIS, 630 Sansome Street, San Francisco, CA 2 94111, directing the agency to take all necessary actions, to include the issuance of a Notice of Intent to 3 Deny (“NOID”) on Plaintiff’s application for naturalization, within fourteen days of the remand. USCIS 4 will issue a decision within thirty days after receiving Plaintiff’s response to the NOID. 5 2. Each of the parties shall bear their own costs and fees. 6 7 Dated: May 9, 2023 Respectfully submitted,1 8 ISMAIL J. RAMSEY United States Attorney 9 10 /s/ Elizabeth Kurlan ELIZABETH D. KURLAN 11 Assistant United States Attorney Attorneys for Defendants 12 13 Dated: May 9, 2023 /s/ Arash Yasrebi 14 ARASH YASREBI Attorney for Plaintiff 15 16 [PROPOSED] ORDER Pursuant to stipulation, IT IS SO ORDERED. 17 18 19 20 Date: May 9, 2023 ____________________________ HON. DONNA M. RYU 21 United States Chief Magistrate Judge 22 23 24 25 26 27 1 In accordance with Civil Local Rule 5(h)(3), the filer of this document attests that all signatories listed below concur in the filing of this document.