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

Case 3:08-cv-00255-LAB-AJB

Document 4

Filed 04/16/2008

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 Having considered the parties' Joint Motion to Remand to USCIS (Dkt. No. 3) and finding the GUILLERMO ALEJANDRO RODRIGUEZ,) ) Plaintiff, ) ) v. ) ) MICHAEL CHERTOFF, Secretary,) Department of Homeland Security; et al., ) ) Defendants. ) ___________________________________ ) Case No. 08cv0255-LAB (AJB) ORDER GRANTING JOINT MOTION TO REMAND TO U.S. CITIZENSHIP & I M M I G RA T I O N SERV ICES FOR ADJUDICATION [Dkt. No. 3]

19 joint motion meritorious, the Court GRANTS the motion and ORDERS that the above-captioned case 20 is REMANDED to United States Citizenship & Immigration Services. 21 In the event that USCIS fails to adjudicate Plaintiff's naturalization application within 60 days

22 of the entry of this Order, the Court grants Plaintiff an additional 60 days' leave to amend his Complaint. 23 In the event that Plaintiff files an amended complaint within such time, the clerk shall reopen the above24 captioned matter. 25 Unless Plaintiff amends his complaint as permitted, this Court does not retain jurisdiction over

26 the matter. 27 IT IS SO ORDERED.

28 DATED: April 16, 2008 HONORABLE LARRY ALAN BURNS United States District Judge