STIPULATION TO REMAND

C17-00194 MEJ

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BRIAN J. STRETCH (CABN 163973)

United States Attorney

SARA WINSLOW (DC Bar No. 457643)

Chief, Civil Division

Assistant United States Attorney

450 Golden Gate Avenue, Box 36055

San Francisco, California 94102-3495

Telephone: (415) 436-6925

FAX: (415) 436-6748

Sara.winslow@usdoj.gov

Attorneys for Defendants

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

RAJPAL BANDARAPALLI,

 Plaintiff,

 v.

JEH JOHNSON, Department of Homeland 

Security (DHS); LEON RODRIGUEZ, 

Director, USCIS, JOHN CRAMER, District 

Director, San Francisco USCIS Field Office,

 Defendants.

C 17-00194 MEJ

STIPULATION REMANDING CASE TO 

UNITED STATES CITIZENSHIP AND 

IMMIGRATION SERVICES, PURSUANT TO 8 

U.S.C. § 1447(b) and [PROPOSED] ORDER

1. Plaintiff commenced an action pursuant to 8 U.S.C. § 1447(b), requesting this Court to 

adjudicate his 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 
STIPULATION TO REMAND

C17-00194 MEJ

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Section 1447(b) case], with appropriate instructions, to the [USCIS]”); United States v. Hovsepian, 359 

F.3d 1144, 1160 (9th Cir. 2004) (accord).

Accordingly, IT IS HEREBY STIPULATED that:

1. The Court shall remand this case to USCIS, directing the agency to take any and all 

necessary actions, and issue a decision on Plaintiff’s application for naturalization within 30 days of the 

remand order.

2. If USCIS does not issue a decision on Plaintiff’s application for naturalization within the 

time frame set forth in paragraph 1 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). Each party will bear their own costs and attorney fees. 

Date: April 18, 2017 Respectfully submitted,

BRIAN J. STRETCH

United States Attorney

___/s/ Sara Winslow___________ SARA WINSLOW

Assistant United States Attorney

Attorneys for Defendants

Dated: RAJPAL BANDARAPALLI

Pro Se

ORDER

Pursuant to stipulation, IT IS SO ORDERED.

Date: ___________________________

Maria-Elena James

United States Magistrate Judge
STIPULATION TO REMAND

C17-00194 MEJ

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Section 1447(b) case], with appropriate instructions, to the [USCIS]”); United States v. Hovsepian, 359 

F.3d 1144, 1160 (9th Cir. 2004) (accord).

Accordingly, IT IS HEREBY STIPULATED that:

1. The Court shall remand this case to USCIS, directing the agency to take any and all 

necessary actions, and issue a decision on Plaintiff’s application for naturalization within 30 days of the 

remand order.

2. If USCIS does not issue a decision on Plaintiff’s application for naturalization within the 

time frame set forth in paragraph 1 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). Each party will bear their own costs and attorney fees. 

Date: Respectfully submitted,

BRIAN J. STRETCH

United States Attorney

_______ _________________ SARA WINSLOW

Assistant United States Attorney

Attorneys for Defendants

Dated: RAJPAL BANDARAPALLI

Pro Se

ORDER

Pursuant to stipulation, IT IS SO ORDERED.

Date: ___________________________

Maria-Elena James

United States Magistrate Judge

4/14/2017

April 19, 2017