Free Order Dismissing Case - District Court of California - California

Case 5:07-cv-02819-RS

Document 11

Filed 08/14/2007

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 EDWARD A. OLSEN, CSBN 214150 4 Assistant United States Attorney 5 6 7 Attorneys for Respondents 8 9 10 11 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: (415) 436-6915 FAX: (415) 436-6927

*E-FILED 8/14/07*

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ) ) No. C 07-2819 RS ) ) ) STIPULATION TO DISMISS AND ) [PROPOSED] ORDER ) ) ) ) ) )

12 AMIR HOSSEIN MOTTAEZ BARZANI, 13 14 v. Petitioner,

15 FRANK SICILIANO, in his Official Capacity, Office in Charge, 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 in light of the fact that the United States Citizenship and 22 Immigration Services has agreed to approve the petitioner's application for naturalization within 30 23 days of the dismissal of this action, provided the petitioner has not and does not commit a 24 disqualifying act in the interim. Subject to the above, if the petitioner's application for 25 naturalization is not approved within 30 days of dismissal of this action, petitioner may resume this 26 action with this Court. 27 28 Stipulation to Dismiss C 07-2819 RS 1 Each of the parties shall bear their own costs and fees.

Case 5:07-cv-02819-RS

Document 11

Filed 08/14/2007

Page 2 of 2

1 Date: August 13, 2007 2 3 4 5 6 7 8 Date: August 13, 2007 9 10

Respectfully submitted, SCOTT N. SCHOOLS United States Attorney

/s/ EDWARD A. OLSEN Assistant United States Attorney Attorneys for Respondents

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

11 Pursuant to stipulation, IT IS SO ORDERED. 12 13 Date: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stipulation to Dismiss C 07-2819 RS 2 August 14, 2007 RICHARD SEEBORG United States Magistrate Judge