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

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

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Filed 04/08/2008

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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] Counsel for Defendants UNITED STATES DISTRICT COURT

9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 GUILLERMO 12 RODRIGUEZ, 13 14 15 16 17 18 A L E J A N D R O) ) ) Plaintiff, ) ) v. ) ) MICHAEL CHERTOFF, Secretary,) Department of Homeland Security; et al., ) ) Defendants. ) ___________________________________ Case No. 08cv0255-LAB (AJB)

JOINT MOTION TO REMAND TO U.S. CITIZENSHIP & IMMIGRATION SERVICES FOR ADJUDICATION

COME NOW THE PARTIES, Plaintiff Guillermo Alejandro Rodriguez, by and through his

19 counsel Robert A. Mautino, and Defendants Michael Chertoff, Secretary of the Department of Homeland 20 Security, et al., by and through their counsel, Karen P. Hewitt, United States Attorney, and Megan 21 Callan, Assistant United States Attorney, and hereby jointly move the Court to remand this cause of 22 action to the United States Citizenship and Immigration Service ("USCIS"). 23 The parties are working toward an extrajudicial resolution of Plaintiff's complaint. The Federal

24 Bureau of Investigation ("FBI") has informed Plaintiff that it has completed its background checks 25 related to Plaintiff's application for naturalization; as such Plaintiff's claims against the FBI are moot. 26 Defendants have represented to Plaintiff that his application should be adjudicated by USCIS within 60 27 days of the remand order. 28 //

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

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Accordingly, the parties now jointly request that the cause of action be remanded to USCIS in

2 order that the agency may adjudicate Plaintiff's application in the first instance. In the event that 3 Plaintiff's application is not adjudicated by the agency within 60 days of the date of this Court's remand 4 order, Defendants do not object to Plaintiff being granted 60 days leave to amend the complaint. 5 6 Dated: 7 8 April 8, 2008 s/ Robert A. Mautino Counsel for Plaintiff E-Mail: [email protected]

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

9 of the United States District Court for the Southern District of California, I certify that the content of this 10 document is acceptable to counsel for the Plaintiff and that I have obtained authorization from Robert 11 A. Mautino to affix his electronic signature to this document. 12 13 Dated: 14 15 s/Megan Callan 16 17 18 19 20 21 22 23 24 25 26 27 28 2 MEGAN CALLAN Assistant U.S. Attorney Counsel for Defendants Email: [email protected] April 8, 2008 Respectfully Submitted, KAREN P. HEWITT United States Attorney

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

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Filed 04/08/2008

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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 Attorneys for Defendants 8 9 10 11 12 G U I L L E R M O RODRIGUEZ, 13 14 15 16 17 18 IT IS HEREBY CERTIFIED THAT: 19 I, the undersigned, am a citizen of the United States and am at least eighteen years of age. My 20 business address is 880 Front Street, Room 6293, San Diego, California 92101-8893. 21 I am not a party to the above-entitled action. I have caused service of: JOINT MOTION TO REMAND TO USCIS FOR ADJUDICATION on the following party by electronically filing the 22 foregoing with the Clerk of the District Court using its ECF System, which electronically provides notice. 23 24 25 26 27 28 Robert A. Mautino Counsel for Plaintiff [email protected] I declare under penalty of perjury that the foregoing is true and correct. Executed on April 8, 2008. s/ Megan Callan Megan Callan A L E J A N D R O) ) ) Plaintiff, ) ) v. ) ) MICHAEL CHERTOFF, Secretary,) Department of Homeland Security; et al., ) ) Defendants. ) ___________________________________ Case No. 07cv1710-JM (AJB) CERTIFICATE OF SERVICE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

08cv0255