Filed: May 28, 2014
Latest Update: May 28, 2014
Summary: JOINT STIPULATION AND [PROPOSED] ORDER RE: ABEYANCE GARLAND E. BURRELL, Jr., District Judge. This is an immigration case in which plaintiff has challenged the alleged delay in the adjudication of his administrative appeal of the denial of his naturalization application by U.S. Citizenship and Immigration Services (CIS). CIS denied the administrative appeal on April 28, 2014; the mandamus portion of the lawsuit is moot. Jurisdiction is available under 8 U.S.C. 1421(c) to challenge the merits
Summary: JOINT STIPULATION AND [PROPOSED] ORDER RE: ABEYANCE GARLAND E. BURRELL, Jr., District Judge. This is an immigration case in which plaintiff has challenged the alleged delay in the adjudication of his administrative appeal of the denial of his naturalization application by U.S. Citizenship and Immigration Services (CIS). CIS denied the administrative appeal on April 28, 2014; the mandamus portion of the lawsuit is moot. Jurisdiction is available under 8 U.S.C. 1421(c) to challenge the merits ..
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JOINT STIPULATION AND [PROPOSED] ORDER RE: ABEYANCE
GARLAND E. BURRELL, Jr., District Judge.
This is an immigration case in which plaintiff has challenged the alleged delay in the adjudication of his administrative appeal of the denial of his naturalization application by U.S. Citizenship and Immigration Services (CIS). CIS denied the administrative appeal on April 28, 2014; the mandamus portion of the lawsuit is moot.
Jurisdiction is available under 8 U.S.C. § 1421(c) to challenge the merits of the denial of Plaintiff's application. However, Plaintiff has recently been referred into removal proceedings. This Court's jurisdiction to consider the merits of the naturalization application is limited now that Plaintiff has been referred into proceedings. See De Lara Bellajaro v. Schiltgen, 378 F.3d 1042, 1043, 44 (9th Cir. 2004).
Accordingly, the parties now stipulate to hold this matter in abeyance pending resolution of the removal proceedings. The parties agree to file a status report on May 25, 2015. The parties request that the status conference, currently set for June 9, 2014, be reset to sometime after May 25, 2015.
[PROPOSED] ORDER
For the foregoing reasons, the case is held in abeyance. The parties shall submit a status report on May 25, 2015.
