STIPULATION REMANDING CASE TO UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, PURSUANT TO 8 U.S.C. § 1447(b) and ORDER

NATHANAEL M. COUSINS, Magistrate Judge.

Subject to the Court's approval, IT IS HEREBY STIPULATED that:

1. Plaintiff commenced an action pursuant to 8 U.S.C. § 1447(b), requesting this Court to adjudicate her application for naturalization that was pending before the United States Citizenship and Immigration Services ("USCIS" or "the agency") for more than 120 days after Plaintiff had been interviewed.

2. USCIS is now prepared to resolve this matter by adjudicating Plaintiff's application for naturalization. However, USCIS cannot adjudicate the application unless and until the Court remands the matter to the agency. See 8 U.S.C. § 1447(b) (explaining that the district court "may remand [a Section 1447(b) case], with appropriate instructions, to the [USCIS]"); United States v. Hovsepian, 359 F.3d 1144, 1160 (9th Cir. 2004) (accord).

3. The Court shall remand this case to USCIS, 1450 Coleman Ave, Santa Clara, CA 95050, directing the agency to take any and all necessary actions, and to issue a decision on Plaintiff's application for naturalization within 30 days of the remand order. Based on the information now available to it, USCIS sees no basis that precludes a grant of Plaintiff's application for naturalization. However, Plaintiff acknowledges her burden to establish and maintain eligibility for naturalization up to the time she has taken the oath of allegiance.

4. If USCIS does not issue a decision on Plaintiff's application for naturalization within the time frame set forth in paragraph 3 above, Defendants will not oppose any request by Plaintiff to this Court to vacate the remand order and thereby re-assert jurisdiction over Plaintiff's action pursuant to 8 U.S.C. § 1447(b).

5. Each party will bear their own costs and attorney fees.

ORDER

Pursuant to stipulation, IT IS SO ORDERED.