Khalili v. Noem

Background

Ahmad Tamim Khalili brought an action under 8 U.S.C. § 1447(b), a provision allowing a district court to address a naturalization application that has remained pending for more than 120 days after the applicant’s interview. The filing states that Khalili asked the court to adjudicate his pending naturalization application, which was before United States Citizenship and Immigration Services (USCIS).

Parties’ Agreement

USCIS stated that it was prepared to adjudicate Khalili’s application but could not do so until the court sent the case back to the agency. Subject to court approval, the parties stipulated that:

- The court would remand the case to USCIS for adjudication of Khalili’s Form N-400, Application for Naturalization. - After the remand order, and absent unforeseen circumstances, USCIS would schedule a re-interview during the week of September 22, 2025. - If USCIS did not require additional evidence after the re-interview, it would issue a final decision or a Notice of Intent to Deny within 45 days of the re-interview, absent unforeseen circumstances. - If USCIS required additional evidence, it would issue a Request for Evidence within 14 days of the re-interview. After receiving Khalili’s response, USCIS would issue a final decision or a Notice of Intent to Deny within 45 days, absent unforeseen circumstances. - If USCIS did not decide the application within those time frames, the defendants would not oppose a motion by Khalili asking the court to vacate the remand order and resume jurisdiction under § 1447(b). - Each party would bear its own costs and fees.

Ruling

Judge James Donato ordered the stipulated remand. The order sends the naturalization application to USCIS for agency adjudication; it does not itself decide whether Khalili will receive naturalization. The order also leaves each party responsible for its own costs and fees.