1 PATRICK D. ROBBINS (CABN 152288) Acting United States Attorney 2 PAMELA T. JOHANN (CABN 145558) Chief, Civil Division 3 MOLLY A. FRIEND (CABN 289677) Assistant United States Attorney 4 450 Golden Gate Avenue, Box 36055 5 San Francisco, California 94102-3495 Telephone: (415) 436-7177 6 FAX: (415) 436-7234 [email protected] 7 Attorneys for Defendants 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 12 HYUNG JOON KIM, Case No. 5:25-cv-07184-EKL 13 Plaintiff, JOINT STATUS REPORT AND STIPULATION 14 v. REMANDING CASE TO UNITED STATES CITIZENSHIP AND IMMIGRATION 15 JOSEPH B. EDLOW, Director, United States SERVICES, PURSUANT TO

(b); Citizenship and Immigration Services, et al., [PROPOSED] ORDER 16 Defendants. 17

18 The parties, through their attorneys, submit this joint status report regarding Plaintiff’s Form N- 19 400, Application for Naturalization. On October 28, 2025, the Court granted the parties’ request to stay 20 proceedings due to the lapse in appropriations, and ordered Defendants’ answer due thirty days after the 21 shutdown has ended and appropriations to the Department of Justice have been restored. Dkt. No. 11. 22 The parties conferred and stipulate to remand this case to United States Citizenship and Immigration 23 Services. 24 Plaintiff commenced an action pursuant to

(b), requesting this Court to 25 adjudicate his application for naturalization that was pending before the United States Citizenship and 26 Immigration Services (“USCIS” or “the agency”) for more than 120 days after Plaintiff had been 27 interviewed. USCIS now is prepared to resolve this matter by adjudicating Plaintiff’s application for 1 naturalization. However, USCIS cannot adjudicate the application until the Court remands the matter to 2 the agency. See

(b) (explaining that the district court “may remand [a Section 1447(b) 3 case], with appropriate instructions, to the [USCIS]”); United States v. Hovsepian,

, 1160 4 (9th Cir. 2004) (accord). 5 Accordingly, subject to the Court’s approval, IT IS HEREBY STIPULATED that: 6 1. The Court shall remand this case to USCIS directing the agency to take all necessary 7 actions within thirty days of the remand, to include issuance of a Request for Evidence (“RFE”) or 8 Notice of Intent to Deny (“NOID”) on Plaintiff’s application for naturalization. 9 2. USCIS will issue a decision within sixty days after receiving Plaintiff’s response to the 10 RFE or NOID. 11 4. Each of the parties shall bear their own costs and fees. 12 13 Dated: December 12, 2025 Respectfully submitted,1 14 CRAIG H. MISSAKIAN United States Attorney 15

16 /s/ Molly A. Friend MOLLY A. FRIEND 17 Assistant United States Attorney Attorneys for Defendants 18

19 20 21 22 23 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 herein concur in the filing of this document. 1 Dated: December 12, 2025 2 /s/ Zachary Nightingale 3 ZACHARY NIGHTINGALE Van Der Hout LLP 4 Attorney for Plaintiff 5 {PROPOSED} ORDER 6 Pursuant to stipulation, IT IS SO ORDERED. 7 8 Date: December 15, 2025 10 IN. EUMI K. LEE ll United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stipulation to Remand Case No □□□□□□□□□□□□□□□□□□□□□□□