Opinion
3:24-cv-05166-DGE
04-11-2024
CATHERINE FAN, Plaintiff, v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, et al., Defendants.
TESSA M. GORMAN United States Attorney MICHELLE R. LAMBERT, NYS #4666657 Assistant United States Attorney United States Attorney's Office Attorneys for Defendants GIBBS HOUSTON PAUW ADAM BOYD, WSBA #49849 Attorney for Plaintiff
Noted for Consideration: April 10, 2024
TESSA M. GORMAN United States Attorney
MICHELLE R. LAMBERT, NYS #4666657
Assistant United States Attorney
United States Attorney's Office
Attorneys for Defendants
GIBBS HOUSTON PAUW
ADAM BOYD, WSBA #49849
Attorney for Plaintiff
STIPULATED MOTION TO DISMISS AND REMAND AND ORDER
David G. Estudillo, United States District Judge
Plaintiff Catherine Fan brought this action pursuant to 8 U.S.C. § 1447(b), alleging that the United States Citizenship and Immigration Services (“USCIS”) failed to adjudicate her Form N-400, Application for Naturalization, within 120 days after her initial interview. She seeks de novo review of her application and adjudication by this Court. The parties have reached an agreement that will resolve this case in its entirety.
The parties, by and through their respective counsel, hereby jointly stipulate and move to dismiss this matter without prejudice, without fees or costs to either party, and request that the Court remand the matter to USCIS. Once remanded, USCIS agrees to promptly issue a Request for Evidence and schedule a follow-up interview for Plaintiff. USCIS further agrees to adjudicate Plaintiff's N-400 and, if appropriate, administer the Naturalization Oath of Allegiance within 90 days of the remand order. Accordingly, the parties have resolved all outstanding issues and further judicial intervention is unnecessary.
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
ORDER
This matter is dismissed without prejudice and without fees or costs to either party. The case is remanded to United States Citizenship and Immigration Services (“USCIS”). USCIS shall promptly issue a Request for Evidence to Plaintiff and schedule her follow-up interview. Thereafter, USCIS shall adjudicate Plaintiff's N-400 and, if appropriate, administer the Oath of Allegiance within 90 days of this Order.
IT IS HEREBY ORDERED.