Salmanv.United States Dep't of Homeland Sec.

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISIONDec 21, 2011
CIVIL ACTION NO. 3:11-cv-366 (W.D.N.C. Dec. 21, 2011)

CIVIL ACTION NO. 3:11-cv-366

12-21-2011

NASER HASAN MOHAMMAD SALMAN, Plaintiff, v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY, Defendant.

TIMOTHY M. BELSAN Trial Attorney United States Department of Justice Office of Immigration Litigation District Court Section Ben Franklin Station, P.O. Box 868 Attorneys for Defendants Alan S. Gordon, Esq. N.C. Bar No.: 7754 Alan Gordon Immigration & Naturalization Law Attorney for Plaintiff


STIPULATION TO REMAND TO UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES

The parties, through their undersigned counsel, hereby stipulate and jointly move the Court for an order remanding this matter to United States Citizenship and Immigration Services ("USCIS") and dismissing this action, without prejudice.

This is an action for a judicial hearing on Plaintiff's application for naturalization (Form N-400). Plaintiff alleges a delay by USCIS in adjudicating his application. The parties have been advised that USCIS is ready to re-interview the Plaintiff and will soon be ready to adjudicate the matter and to issue a decision on Plaintiff's application.

The Court, having reviewed the pleadings and materials in this case, hereby ORDERS that:

1. Plaintiff's naturalization application is REMANDED to USCIS for adjudication of, and issuance of a decision on, said application within 60 days after entry of this Order. For purposes of this Order, "adjudication of, and issuance of a decision on" is limited to the decision by USCIS on Plaintiff's naturalization application (N-400) and does not include any decision by USCIS regarding any subsequent administrative appeal by Plaintiff, pursuant to 8 C.F.R. § 336.2, in the event the application is adjudicated negatively.

2. This action is DISMISSED without prejudice and without costs or attorney fees, including those under the Equal Access to Justice Act or any other provision of law.

IT IS ORDERED.

_____________


Max O. Cogburn Jr.


United States District Judge


TONY WEST


Assistant Attorney General


JEFFREY S. ROBINS


Assistant Director


_____________


TIMOTHY M. BELSAN


Trial Attorney


United States Department of Justice


Office of Immigration Litigation


District Court Section


Ben Franklin Station, P.O. Box 868


Attorneys for Defendants

_____________


Alan S. Gordon, Esq.


N.C. Bar No.: 7754


Alan Gordon Immigration &


Naturalization Law


Attorney for Plaintiff

CERTIFICATE OF SERVICE


11-cv-366

I hereby certify that on this 14th day of December 2011, a true and correct copy of the STIPULATION TO REMAND TO UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES was served pursuant to the district court's ECF system to the following ECF filer:

Alan S. Gordon, Esq.
N.C. Bar No.: 7754
Alan Gordon Immigration &
Naturalization Law
1018 East Blvd., Suite 7
Charlotte, NC 28203
Telephone: 704-332-2555
Fax: 704-377-1172
E-mail: agordon@greencards.com


_____________


TIMOTHY M. BELSAN


Trial Attorney


United States Department of Justice


Office of Immigration Litigation


District Court Section


Ben Franklin Station, P.O. Box 868


Washington, DC 20044


Telephone: (202) 532-4596


Facsimile: (202) 305-7000


E-mail: Timothy.M.Belsan@usdoj.gov