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 Defendants 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 AHMAD TAMIM KHALILI, Case No. 3:25-cv-05570-JD 13 Plaintiff, STIPULATION REMANDING CASE TO 14 v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, PURSUANT TO 15

(b) and [PROPOSED] ORDER

KRISTI NOEM, Secretary, United States 16 Department of Homeland Security, et al. 17 Defendants. 18 19 Plaintiff commenced an action pursuant to

(b), requesting this Court to 20 adjudicate his application for naturalization that was pending before the United States Citizenship and 21 Immigration Services (“USCIS” or “the agency”) for more than 120 days after Plaintiff had been 22 interviewed. USCIS is prepared to resolve this matter by adjudicating Plaintiff’s application for 23 naturalization. However, USCIS cannot adjudicate the application until the Court remands the matter to 24 the agency. See

(b) (explaining that the district court “may remand [a Section 1447(b) 25 case], with appropriate instructions, to the [USCIS]”); United States v. Hovsepian,

, 1160 26 (9th Cir. 2004) (accord). 27 Accordingly, subject to the Court’s approval, IT IS HEREBY STIPULATED that: 1 1. The court will remand this case to USCIS for adjudication of Plaintiff’s Form N-400, 2 Application for Naturalization. 3 2. Following the Court’s order remanding this case to USCIS, and barring any unforeseen 4 circumstances, USCIS will schedule Plaintiff for a re-interview to occur during the week of 5 September 22, 2025. 6 3. If USCIS does not require additional evidence from Plaintiff following the re-interview, 7 and barring any unforeseen circumstances, USCIS will issue a final decision or a Notice of Intent to 8 Deny (“NOID”) on Plaintiff’s application within 45 days of the re-interview. 9 4. If USCIS determines that additional evidence is required from Plaintiff following the 10 re-interview, and barring any unforeseen circumstances, USCIS will issue a Request for Evidence 11 (“RFE”) within 14 days of the re-interview. Upon receipt of Plaintiff’s response to the RFE, and barring 12 any unforeseen circumstances, USCIS will issue either a final decision or a NOID within 45 days. 13 5. If USCIS does not issue a decision on Plaintiff’s application for naturalization within the 14 time frames set forth above, Defendants agree not to oppose any motion by Plaintiff requesting that the 15 Court vacate the remand order and reassert jurisdiction over Plaintiff’s action pursuant to

1447(b). 17 6. Each party shall bear its own costs and fees.

18 Dated: September 8, 2025 Respectfully submitted,1 19 CRAIG H. MISSAKIAN 20 United States Attorney

21 /s/ Elizabeth Kurlan 22 ELIZABETH D. KURLAN Assistant United States Attorney 23 Attorneys for Defendant

24

25

26 27 1 In accordance with Civil Local Rule 5-1(i)(3), the filer of this document attests that all signatories listed below concur in the filing of this document. 1 || Dated: September 8, 2025 /s/ Jove Wiley 2 JOYE WILEY Wiley & Jobson LLP 3 Attorney for Plaintiff 4 5 6 [PROPOSED] ORDER 7 Pursuant to stipulation, IT IS SO ORDERED. 8 9 Date: September 10, 2025 10 HON. JAMES/ONATO United States Pistrict Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stipulation to Remand Case No 3°04 -cv_-N5S570_TT)