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

Case 3:08-cv-00219-BEN-WMC

Document 4

Filed 03/25/2008

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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 FARSHID FAROKHI, ) ) Plaintiff, ) v. ) ) ) MICHAEL CHERTOFF, Secretary,) Department of Homeland Security; EMILIO) GONZALEZ, Director, United States) Citizenship and Immigration Services;) PAUL PIERRE, District Director, San) Diego District, United States Citizenship) and Immigration Services; MICHAEL) MUKASEY, Attorney General of the) United States; ROBERT S. MUELLER, III,) Director, Federal Bureau of Investigation, ) ) Defendants. ) __________________________________ ) Case No. 08cv0219 BEN (WMc) JOINT MOTION TO REMAND

COME NOW THE PARTIES, Plaintiff Farshid Farokhi, by and through counsel, Steven A. Seick, and Defendants Michael Chertoff, et al., by and through their counsel, Karen P. Hewitt, United States Attorney, and Caroline J. 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 is now prepared to complete its investigation and adjudication of Plaintiff's naturalization application. In the event the naturalization application is not adjudicated

Case 3:08-cv-00219-BEN-WMC

Document 4

Filed 03/25/2008

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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: March 25, 2008

s/ Steven A. Seick _______________________ STEVEN A. SEICK 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 Steven Seick to affix his electronic signature to this document.

DATED: March 25, 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]

08cv0219