1 CRAIG H. MISSAKIAN (CABN 125202) United States Attorney 2 PAMELA T. JOHANN (CABN 145558) Chief, Civil Division 3 ELIZABETH D. KURLAN (CABN 255869) Assistant United States Attorney 4 450 Golden Gate Avenue, Box 36055 5 San Francisco, California 94102-3495 Telephone: (415) 436-7298 6 Facsimile: (415) 436-6748 [email protected] 7 Attorneys for Defendant 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 MIRWAIS ZAZAY, 12 Case No. 3:25-cv-02779 LJC Plaintiff, 13 v. STIPULATION TO REMAND CASE TO 14 UNITED STATES CITIZENSHIP AND DIRECTOR, UNITED STATES IMMIGRATION SERVICES, PURSUANT TO 15 CITIZENSHIP AND IMMIGRATION

(b) and [PROPOSED] ORDER SERVICES, 16

17 Defendant.

18

19 Plaintiff commenced an action pursuant to

(b), requesting this Court to 20 adjudicate his application for naturalization or order U.S. Citizenship and Immigration Services 21 (“USCIS”) to adjudicate it. USCIS is prepared to resolve this matter by adjudicating Plaintiff’s 22 application for naturalization. However, USCIS cannot adjudicate the application until the Court 23 remands the matter to the agency. See

(b) (explaining that the district court “may remand [a Section 1447(b) case], with appropriate instructions, to the [USCIS]”); United States v. 24 Hovsepian,

, 1160 (9th Cir. 2004) (accord). 25 Accordingly, subject to the Court’s approval, IT IS HEREBY STIPULATED that: 26 27 ] 1. USCIS will issue a Notice of Intent to Deny (“NOID”) or a final decision on Plaintiff’s 2 || application within fourteen days of the Court’s order remanding this case to the agency. 3 2. If a NOID is issued, USCIS will take further adjudicatory action (viz approval, denial, 4 || additional NOID, or Request for Evidence) within 45 days of receiving Plaintiff’s response to the NOID. 5 3. The Court shall remand this case to USCIS, 630 Sansome Street, San Francisco, CA 6 || 94111, directing the agency to issue a final decision or a NOID on Plaintiff’s application for 7 || naturalization within fourteen days of the Court’s order and to take further adjudicatory action within 45 8 || days of receiving Plaintiff’s response to the NOID, if applicable. 9 4. Each of the parties shall bear their own costs and fees. 10 Dated: June 30, 2025 Respectfully submitted, ! 11 CRAIG H. MISSAKIAN 12 United States Attorney 13 /s/ Elizabeth D. Kurlan 14 ELIZABETH D. KURLAN Assistant United States Attorney 15 Attorneys for Defendant 16 Dated: June 30, 2025 17 /s/ Maryam Danishwar MARYAM DANISHWAR 18 Clark Hill PLC Attorney for Plamtiff 19 20 fPROPOSED} ORDER 21 Pursuant to stipulation, IT IS SO ORDERED. 22 23 || Date: July 1, 2025 ) 24 J. CISNEROS ted States Magistrate Judge 25 26 ' In accordance with Civil Local Rule 5-1(1)(3), the filer of this document attests that all signatories listed here concur in the filing of this document. 28 Stipulation to Remand C 2-98 _pvN9779 TTC