Valencia v. Immigration Naturalization Service

Full title: EDGARDO TUBIG VALENCIA, Petitioner, v. IMMIGRATION AND NATURALIZATION…

Court: United States District Court, N.D. California, San Francisco Division

Date published: Mar 12, 2003

No. C-02-1319-WHA (N.D. Cal. Mar. 12, 2003)

Opinion

No. C-02-1319-WHA.

March 12, 2003

KEVIIN V. RYAN, United States Attorney, JOCELYN BURTON, Assistant United States Attorney, Chief, Civil Division, MONICA FERNANDEZ, Assistant United States Attorney, San Francisco, California; Counsel for Respondents.

LOURDES SANTOS TANCINCO, ESQ., San Francisco, CA; Counsel for Petitioner.

STIPULATION TO DISMISS PETITION FOR REVIEW WITHOUT PREJUDICE; AND ORDER

WILLIAM H. ALSUP, United States District Judge

Petitioner, by and through his attorney of record, and respondents, by and through their attorneys of record, hereby stipulate, subject to the approval of the Court, as follows:

1. On March 18, 2002, petitioner filed a petition for review of the Immigration and Naturalization Service's decision denying petitioner's application for naturalization.

2. On October ___, 2002, petitioner filed an application for expedited naturalization based upon his status as an active member of the Armed Forces of the United States, pursuant to Executive Order 13269 (issued on July 3, 2002). This form of relief was not available to petitioner at the time this petition for review was filed.

3. Accordingly, the parties hereby stipulate to the dismissal of this petition for review without prejudice.

ORDER

In accordance with the parties' stipulation, this petition for review is dismissed without prejudice.

PURSUANT TO STIPULATION, IT IS SO ORDERED.