Opinion
8:23-cv-01363-KKM-AAS
07-07-2023
FERAS JUBEH, Plaintiff, v. SECRETARY ALEJANDRO N. MAYORKAS, et al. Defendants.
ORDER
Kathryn Kimball Mizelle, United States District Judge
On March 21, 2022, Plaintiff Feras Jubeh filed a Form N-400, Application for Naturalization, with U.S. Citizenship and Immigration Services (“USCIS”). Mot. to Remand (Doc. 7) at 1. USCIS interviewed Jubeh on November 14, 2022, but never acted on the application. Id. On June 19, 2023, Jubeh filed suit in this Court, seeking to compel the federal government to adjudicate his application. Compl. (Doc. 1) at 7.
Under the applicable federal statute, 8 U.S.C. § 1447(b), an applicant for naturalization “may apply to the United States district court for the district in which the applicant resides for a hearing” if USCIS fails to act on an application “before the end of the 120-day period after the date on which the examination is conducted under [8 U.S.C.§ 1446].” The Court may then “either determine the matter or remand the matter, with appropriate instructions, to [USCIS].” Id.
The Parties jointly move to remand to USCIS so that the agency can adjudicate Plaintiff's pending application. Joint Mot. to Remand (Doc. 7). The Court agrees that remand is appropriate. See I.N.S. v. Orlando Ventura, 537 U.S. 12, 16-17 (2002) (“Generally speaking, a court of appeals should remand a case to an agency for decision of a matter that statutes place primarily in agency hands. This principle has obvious importance in the immigration context.”).
Accordingly, the Clerk is directed to STAY and ADMINISTRATIVELY CLOSE this case. Jubeh's Application for Naturalization is REMANDED to USCIS, which is ORDERED to enter a decision on the Application within 45 days of this order. If USCIS fails to do so, Jubeh may move to reopen this action.
ORDERED.