Opinion
2:24-cv-01047-TL
07-31-2024
JUAN JOSE FRANCO and MELIH ULUHAN, Petitioners, v. UR JADDOU, et al., Respondents.
TESSA M. GORMAN TESSA M. GORMAN United States Attorney MICHELLE R. LAMBERT, NYS #4666657 Assistant United States Attorney United States Attorney's Office Western District of Washington Attorneys for Respondents LAW OFFICES OF BART KLEIN BART KLEIN, WSBA #10909 Attorney for Petitioners
TESSA M. GORMAN TESSA M. GORMAN United States Attorney MICHELLE R. LAMBERT, NYS #4666657 Assistant United States Attorney United States Attorney's Office Western District of Washington Attorneys for Respondents
LAW OFFICES OF BART KLEIN BART KLEIN, WSBA #10909 Attorney for Petitioners
STIPULATED MOTION TO REMAND AND DISMISS AND [PROPOSED] ORDER
Tana Lin United States District Judge
The parties STIPULATE and MOVE under Local Civil Rules 7(d)(1) and 10(g) to remand this case to United States Citizenship and Immigration Services (“USCIS”) for adjudication of Plaintiffs' N-400s, Applications for Naturalization. In support of this motion, USCIS agrees to adjudicate Plaintiffs' N-400 Applications or to schedule an interview within 60 days of the remand order. If an interview is scheduled, USCIS will adjudicate Plaintiffs' N-400 Applications within 60 days of the interview date.
USCIS further represents that if Plaintiff's N-400 Application is denied and Plaintiff electronically submits an N-336 Request for a Hearing on a Decision in Naturalization Proceedings, USCIS will schedule the N-336 hearing to be held within 51 days after the denial date. However, if Plaintiff submits an N-336 by mail to a lockbox for filing, USCIS will schedule the N-336 hearing to be held within 65 days after the denial date. Furthermore, USCIS agrees to issue a final decision within 180 days after the N-336 hearing. The parties therefore believe that a remand to USCIS will allow for the most expeditious resolution of this matter.
Accordingly, the parties stipulate that the case is dismissed without prejudice and with leave to refile if necessary and is remanded to USCIS for the purpose of adjudicating Plaintiffs' N-400 Applications in the time stated above. The parties shall bear their own costs and fees.
I certify that this memorandum contains 224 words, in compliance with the Local Civil Rules.
[PROPOSED] ORDER
IT IS HEREBY ORDERED that the case is remanded to USCIS and dismissed without prejudice and without an award of costs or fees to either party. USCIS shall either adjudicate Plaintiffs' N-400 Applications or schedule an interview within 60 days of the remand order. If an interview is scheduled, USCIS thereafter shall adjudicate Plaintiff's N-400 Application within 60 days of the interview date. If the Plaintiffs' N-400 Application is denied and the Plaintiff electronically submits an N-336 Request for a Hearing on a Decision in Naturalization Proceedings, USCIS shall schedule the N-336 hearing to be held within 51 days after the denial date. However, if Plaintiff submits an N-336 by mail to a lockbox for filing, USCIS shall schedule the N-336 hearing to be held within 65 days after the denial date. Furthermore, USCIS shall issue a final decision within 180 days after the N-336 hearing.