Luan v. United States
- Van Keulen
- 5:26-cv-00856
- U.S. District Court · Northern District of California
- 2
In Aihong Luan v. United States, Judge Van Keulen remanded Luan’s naturalization application to immigration officials for a decision within 30 days.
Aihong Luan and USCIS; the order also sets obligations for the defendants if USCIS does not decide the application within 30 days.
What happened
Aihong Luan v. United States concerned Luan’s naturalization application, which had remained pending before U.S. Citizenship and Immigration Services for more than 120 days after her interview. She filed an action asking the court to decide the application.
The parties agreed that the court should send the case back to the agency so it could decide the application. The agreement required the agency to take necessary actions and issue a decision within 30 days, absent unforeseen circumstances.
Judge Susan Van Keulen ordered the remand under the parties’ agreement. If the agency does not decide the application on time, the defendants agreed not to oppose a request to vacate the remand order and restore the court’s jurisdiction; each side will pay its own costs and fees.
The detailed version
- Luan v. United States · No. 5:26-cv-00856
- Van Keulen
- Mar. 9, 2026
Background
Aihong Luan brought an action under 8 U.S.C. § 1447(b), a statute that permits a district court to address a naturalization application that has remained pending for more than 120 days after the applicant’s interview. The opinion states that Luan’s application was pending before U.S. Citizenship and Immigration Services (USCIS) for that period.
USCIS stated that it was prepared to adjudicate, or decide, Luan’s naturalization application. It could not do so, however, until the court remanded the matter to the agency. The parties submitted a stipulation, meaning an agreement between them, asking the court to remand the case.
Order
The court ordered the case remanded to USCIS under the parties’ stipulation. USCIS must take all necessary actions and issue a decision on Luan’s naturalization application within 30 days after the remand, absent unforeseen circumstances.
The defendants agreed not to oppose any motion by Luan to vacate the remand order and restore the court’s jurisdiction under § 1447(b) if USCIS does not issue a decision within the stated time. The order also provides that each party will bear its own costs and fees.
The court did not decide whether Luan should receive naturalization. It ordered the agency to decide the application.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.