Kim v. United States
- Lee
- 5:25-cv-07184
- U.S. District Court · Northern District of California
- 3
In Hyung Joon Kim v. United States, Judge Lee remanded Kim’s naturalization case to USCIS under the parties’ stipulation, with deadlines for agency action.
Hyung Joon Kim and United States Citizenship and Immigration Services, which must process Kim’s naturalization application under the deadlines in the remand order.
What happened
In Hyung Joon Kim v. United States, Kim asked the court to decide his naturalization application after it had remained pending at United States Citizenship and Immigration Services for more than 120 days after his interview. The parties had previously stayed the case because of a lapse in federal funding.
The parties agreed to send the case back to USCIS. The agency must take necessary action within 30 days, including issuing a Request for Evidence or Notice of Intent to Deny. USCIS must issue a decision within 60 days after receiving Kim’s response. Each side will pay its own costs and fees.
Judge Eumi K. Lee approved the parties’ stipulation and ordered the case remanded to USCIS. The order did not decide whether Kim qualifies for naturalization.
The detailed version
- Kim v. United States · No. 5:25-cv-07184
- Lee
- Dec. 15, 2025
Background
Hyung Joon Kim brought an action under 8 U.S.C. § 1447(b), asking the district court to adjudicate his naturalization application. The application had been pending before United States Citizenship and Immigration Services (USCIS) for more than 120 days after Kim’s interview.
On October 28, 2025, the court granted the parties’ request to stay the proceedings because of a lapse in appropriations. The court ordered the defendants’ answer to be filed 30 days after the shutdown ended and appropriations to the Department of Justice were restored.
The parties later reported that USCIS was prepared to resolve the application but could not do so until the court remanded the matter to the agency. They jointly stipulated to a remand.
Ruling
Judge Eumi K. Lee approved the stipulation and ordered the case remanded to USCIS under 8 U.S.C. § 1447(b).
The order directs USCIS to take all necessary actions within 30 days after remand, including issuing a Request for Evidence or a Notice of Intent to Deny on Kim’s naturalization application. USCIS must issue a decision within 60 days after receiving Kim’s response to either notice.
The order also provides that each party will bear its own costs and fees. It does not decide the merits of Kim’s naturalization application or state whether USCIS ultimately approved or denied it.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.