KHOMLYAK v. NAPOLITANO, 13-61-RAJ. (2013)
Court: District Court, D. Washington
Number: infdco20130429c28
Visitors: 9
Filed: Apr. 26, 2013
Latest Update: Apr. 26, 2013
Summary: ORDER ON STIPULATED MOTION RICHARD A. JONES, District Judge. I. Stipulation The parties have conferred and reached a settlement of this matter, upon the following conditions: 1. Petitioner Roman Khomlyak will attend a biometrics capture appointment with United States Citizenship and Immigration Services ("USCIS"), to be scheduled by USCIS within 21 days of the entry of a remand order. 2. USCIS will complete all necessary background checks on the Petitioner within 21 days of Mr. Khomlyak's a
Summary: ORDER ON STIPULATED MOTION RICHARD A. JONES, District Judge. I. Stipulation The parties have conferred and reached a settlement of this matter, upon the following conditions: 1. Petitioner Roman Khomlyak will attend a biometrics capture appointment with United States Citizenship and Immigration Services ("USCIS"), to be scheduled by USCIS within 21 days of the entry of a remand order. 2. USCIS will complete all necessary background checks on the Petitioner within 21 days of Mr. Khomlyak's at..
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ORDER ON STIPULATED MOTION
RICHARD A. JONES, District Judge.
I. Stipulation
The parties have conferred and reached a settlement of this matter, upon the following conditions:
1. Petitioner Roman Khomlyak will attend a biometrics capture appointment with United States Citizenship and Immigration Services ("USCIS"), to be scheduled by USCIS within 21 days of the entry of a remand order.
2. USCIS will complete all necessary background checks on the Petitioner within 21 days of Mr. Khomlyak's attendance at the biometrics appointment.
3. Provided that there are no additional arrests or convictions, other than those already disclosed by Mr. Khomlyak on his N-400 form and in the N-400 interview, USCIS agrees to grant Mr. Khomlyak's N-400 and schedule an oath ceremony within 14 days of the approval.
4. Both parties agree to bear their own costs and fees, except as provided in paragraph 5.
5. In the event of a material breach of this settlement agreement, this
II. ORDER
Having reviewed the parties' stipulation, the court GRANTS their joint motion. Dkt. #11. Although the parties request a "remand" to United States Citizenship and Immigration Services, they do not request that the court dismiss this action. Accordingly, the court directs the clerk to STAY this matter pending notification from Petitioner that he has either been naturalized or that the parties failed to execute their settlement agreement. The stay does not impact the parties' execution of their settlement.
Pursuant to the stipulation and agreement of the parties and for good cause shown, this court directs the parties to adhere to the following instructions: (1) USCIS shall schedule, and Petitioner shall attend, a biometrics appointment within 21 days of the entry of a remand order, (2) USCIS shall complete the necessary background checks within 21 days of the biometrics appointment, and, subject to paragraph 3 above, (3) USCIS shall approve the application for naturalization and schedule an oath ceremony within 14 days of the approval. This Court retains jurisdiction over any dispute regarding the implementation of this Agreement. Parties are directed to notify the Court of their compliance with this Order within 14 days of the Petitioner's oath ceremony
Source: Leagle
