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

Case 3:07-cv-02293-BEN-CAB

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Filed 02/22/2008

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KAREN P. HEWITT United States Attorney CAROLINE J. CLARK Assistant U.S. Attorney California State Bar No. 220000 Office of the U.S. Attorney 880 Front Street, Room 6293 San Diego, California 92101-8893 Telephone: (619) 557-7491 Facsimile: (619) 557-5004 E-mail: [email protected] Attorneys for Defendants

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA SEEVER MUSTAFA SULAIMAN, ) ) Plaintiff, ) ) v. ) ) MICHAEL CHERTOFF, Secretary of the) United States Department of Homeland) Security; EMILIO T. GONZALEZ,) Director of the United States Citizenship) and Immigration Services; GERALD) HEINAUER, Director, Nebraska Service) Center; PAUL M. PIERRE, District) Director, San Diego District; MICHAEL) MUKASEY, Attorney General; and) ROBERT S. MUELLER III, Director of the) Federal Bureau of Investigation, ) ) Defendants. ) __________________________________ ) Case No. 07cv2293 BEN (CAB)

JOINT MOTION TO REMAND

COME NOW THE PARTIES, Plaintiff Seever Mustafa Sulaiman, by and through counsel, Robert G. Nadalin, and Defendants Michael Chertoff, et al., by and through their counsel, Karen P. Hewitt, United States Attorney, and Caroline Clark, Assistant United States Attorney, and hereby jointly move the Court to remand this complaint to U.S. Citizenship and Immigration Services (USCIS) for adjudication. The undersigned attorney for the Defendants has informed counsel for the Plaintiff that the FBI has completed its name check and that USCIS may now complete its investigation and adjudication of Plaintiff's naturalization application. In the event the naturalization application is not

Case 3:07-cv-02293-BEN-CAB

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Filed 02/22/2008

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adjudicated within sixty days of the Court's order remanding the case, Defendants do not object to Plaintiff's being granted sixty days leave to amend his complaint.

DATED: February 22, 2008

s/ Robert G. Nadalin _______________________ ROBERT G. NADALIN Attorney for Plaintiff E-Mail: [email protected]

Pursuant to Section 2(f)(4) of the Electronic Case Filing Administrative Policies and Procedures of the United States District Court for the Southern District of California, I certify that the content of this document is acceptable to counsel for the Plaintiff and that I have obtained authorization from Robert G. Nadalin to affix his electronic signature to this document.

DATED: February 22, 2008

KAREN P. HEWITT United States Attorney s/ Caroline J. Clark

15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 CAROLINE J. CLARK Assistant United States Attorney Attorneys for Defendants E-Mail: [email protected]

07cv2293