Free Order Dismissing Case - District Court of California - California

Case 3:07-cv-02006-DMS-BLM

Document 5

Filed 12/17/2007

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1 2 3 4 5 6 7 8 9 10 11 MUSHRIK KAISEY, 12 13 14 15 16 17 ) ) ) Plaintiff, ) ) v. ) MICHAEL CHERTOFF, Secretary,) Department of Homeland Security; et al, ) ) ) Defendants. ___________________________________ ) Case No. 07cv 2006-DMS(BLM) ORDER GRANTING JOINT MOTION TO REMAND APPLICATION OF PLAINTIFF UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Having considered the parties' Joint Motion to Remand Application of Plaintiff and finding the

18 joint motion meritorious, the Court GRANTS the motion and ORDERS that the application of said 19 Plaintiff be remanded to Defendant U.S. Citizenship and Immigration Services ("CIS") for adjudication. 20 The Clerk shall close this civil action. The Court further GRANTS Plaintiff sixty days leave to

21 amend his complaint upon Defendant's failure to adjudicate the application. In the event that Plaintiff 22 files an Amended Complaint, the Clerk shall reopen the civil case. 23 It is so ordered. 24 DATED: December 17, 2007 25 26 27 28 HON. DANA M. SABRAW United States District Judge