Free Motion to Remand to Agency - District Court of California - California

Case 3:07-cv-02307-BTM-AJB

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Filed 03/17/2008

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KAREN P. HEWITT United States Attorney MEGAN CALLAN Assistant U.S. Attorney California Bar No. 230329 U.S. Attorney's Office 880 Front Street, Room 6293 San Diego, CA 92101-8893 Telephone: (619) 557-7120 Facsimile: (619) 557-5004 E-mail: [email protected] Attorneys for Defendants UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

11 HAMID KHAJEH, 12 13 14 15 16 17 18 19 20 21

) ) Plaintiff, ) ) v. ) ) MICHAEL CHERTOFF, Secretary,) Department of Homeland Security; EMILO) GONZALEZ, Director, United States) Citizenship and Immigration Services;) PAUL PIERRE, District Director, U.S.) Citizenship and Immigration Services, San) Diego District; MICHAEL B. MUKASEY,) Attorney General of the United States; and) ROBERT MUELLER, Director, Federal) Bureau of Investigation, ) ) Defendants. ) ___________________________________ )

Case No. 07cv2307-BTM (AJB)

JOINT MOTION TO REMAND TO USCIS

COME NOW THE PARTIES, Plaintiff Hamid Khajeh, by and through his counsel, Steven Seick,

22 and Defendants Michael Chertoff, Secretary, U.S. Department of Homeland Security, et al., by and 23 through their counsel, Karen P. Hewitt, United States Attorney, and Megan Callan, Assistant United 24 States Attorney, and hereby jointly move the Court to remand this case to United States Citizenship & 25 Immigration Services ("USCIS"). 26 // 27 // 28 //

Case 3:07-cv-02307-BTM-AJB

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Filed 03/17/2008

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Plaintiff applied for naturalization under 8 U.S.C. § 1421 et seq. on or about October 12, 2004.

2 Plaintiff complains that Defendants have failed to process his application in a timely manner and prays 3 this Court order the adjudication of his application. 4 The Federal Bureau of Investigation ("FBI") informed Plaintiff through counsel that his FBI

5 background check is complete, therefore any claims against the FBI are now moot. USCIS informed 6 Plaintiff through counsel that USCIS is prepared to adjudicate his application. Remand to USCIS is 7 required in order for the agency to adjudicate. See United States v. Hovsepian, 359 F.3d 1144, 1160-61 8 (9th Cir. 2004) (en banc). 9 Therefore, the parties jointly request that the Court remand this case to USCIS for adjudication.

10 Based upon the foregoing, it is respectfully requested that the Court enter an order remanding this case 11 to USCIS. 12 13 Dated: 14 15 March 17, 2008 s/ Steven Seick Attorney for Plaintiff E-Mail: [email protected]

Pursuant to Section 2(f)(4) of the Electronic Case Filing Administrative Policies and Procedures

16 of the United States District Court for the Southern District of California, I certify that the content of this 17 document is acceptable to counsel for the Plaintiff and that I have obtained authorization from Steven 18 Seick to affix his electronic signature to this document. 19 Dated: 20 21 22 23 24 25 26 27 28 2 KAREN P. HEWITT United States Attorney s/ Megan Callan MEGAN CALLAN Assistant U.S. Attorney Attornyes for Defendants Email: [email protected] March 17, 2008 Respectfully Submitted,

07cv2307

Case 3:07-cv-02307-BTM-AJB

Document 6

Filed 03/17/2008

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1 KAREN P. HEWITT United States Attorney 2 MEGAN CALLAN Assistant U.S. Attorney 3 California Bar No. 230329 U.S. Attorney's Office 4 880 Front Street, Room 6293 San Diego, CA 92101-8893 5 Telephone: (619) 557-7120 Facsimile: (619) 557-5004 6 E-mail: [email protected] 7 8 9 10 11 HAMID KHAJEH, 12 13 14 15 16 ) ) Plaintiff, ) ) v. ) ) MICHAEL CHERTOFF, Secretary,) Department of Homeland Security; et al., ) ) Defendants. ) ___________________________________ ) Case No. 07cv2307-BTM (AJB) CERTIFICATE OF SERVICE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

17 IT IS HEREBY CERTIFIED THAT: 18 19 I am not a party to the above-entitled action. I have caused service of: JOINT MOTION TO 20 REMAND TO USCIS on the following party by electronically filing the foregoing with the Clerk of the District Court using its ECF System, which electronically notifies them. 21 Steven Seick 22 Attorney for Plaintiff [email protected] 23 I declare under penalty of perjury that the foregoing is true and correct. 24 Executed on March 17, 2008. 25 s/ Megan Callan Megan Callan 26 27 28 3 I, the undersigned, am a citizen of the United States and am at least eighteen years of age. My business address is 880 Front Street, Room 6293, San Diego, California 92101-8893.

07cv2307