Reddy

Reddy v. Mueller

Good Law
551 F. Supp. 2d 952·2008 WL 683424·2008 U.S. Dist. LEXIS 30787
United States District Court, Northern District of CaliforniaMarch 7, 2008C07-03925 HRLCalifornia822 words

Opinion

Opinion

Lloyd, J.

ORDER ON DEFENDANTS’ MOTION TO REMAND

Defendants’ motion to remand the case is scheduled for a hearing on March 18, 2007. However, this matter is appropriate for resolution without oral argument and so that hearing is now VACATED. Civil Local Rule 7 — 1(b).

I.BACKGROUND

Plaintiff Harsha Reddy has been a lawful permanent resident of the United States since 1980. Quizon Decl. ¶ 12. He applied for naturalization on February 27, 2006 and was interviewed by the United States Citizen and Immigration Services (USCIS) on July 11, 2006. Id. When he filed his complaint on July 31, 2007, US-CIS had still not issued a decision on his naturalization application. Apparently, Plaintiffs application is ready to be adjudicated except for his pending background and security check. Id. That security check is waiting on completion of Reddy’s Federal Bureau of Investigation (FBI) “name check.” Shortly after Plaintiff filed the instant action, USCIS requested that the FBI expedite its completion of Reddy’s name check. Id. Despite that request, it remains pending. Cannon Decl. ¶ 41.

Defendants now move to remand this matter back to USCIS with instructions to adjudicate the naturalization application…

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