Free Stipulation - District Court of California - California

Case 5:07-cv-04918-JW

Document 5

Filed 11/13/2007

Page 1 of 2

1 SCOTT N. SCHOOLS, SC SBN 9990 United States Attorney 2 JOANN M. SWANSON, CSBN 88143 Assistant United States Attorney 3 Chief, Civil Division MELANIE L. PROCTOR, CSBN 228971 4 Assistant United States Attorney 5 6 7 Attorneys for Respondents 8 9 10 11 12 YIHONG GONG, 13 14 v. Petitioner, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ) ) No. C 07-4918 JW ) ) ) STIPULATION TO DISMISS; AND ) [PROPOSED] ORDER ) ) ) ) ) ) 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: (415) 436-6730 FAX: (415) 436-6927

15 FRANK SICILIANO, in his Official Capacity, Field Office Director, U.S. Citizenship and 16 Immigration Services, U.S. Department of Homeland Security, San Jose, California, et al., 17 Respondents. 18 ) 19

Petitioner, by and through his attorneys of record, and Respondents, by and through their

20 attorneys of record, hereby stipulate, subject to the approval of the Court, to dismissal of the above21 entitled action without prejudice because the United States Citizenship and Immigration Services 22 agrees to approve Petitioner's application for naturalization within 30 days of the dismissal of this 23 action, provided the petitioner does not commit a disqualifying act in the interim. The parties agree 24 that the Court will have jurisdiction to enforce this order if necessary. 25 26 /// 27 /// 28 Stipulation to Dismiss C07-4918 JW 1 Each of the parties shall bear their own costs and fees.

Case 5:07-cv-04918-JW

Document 5

Filed 11/13/2007

Page 2 of 2

1 Dated: November 13, 2007 2 3 4 5 6 7 8 Dated: November 13, 2007 9 10 11 12

Respectfully submitted, SCOTT N. SCHOOLS United States Attorney

/s/ MELANIE L. PROCTOR Assistant United States Attorney Attorney for Respondents

/s/ MARC VAN DER HOUT BETH FEINBERG Attorneys for Petitioner

ORDER 13 Pursuant to stipulation, IT IS SO ORDERED. 14 15 16 Date: 17 18 19 20 21 22 23 24 25 26 27 28 Stipulation to Dismiss C07-4918 JW 2 JAMES WARE United States District Judge