Kataya v. Mayorkas
- Thomas Hixson
- 3:23-cv-01019
- U.S. District Court · Northern District of California
- 2
In Kataya v. Mayorkas, Magistrate Judge Hixson ordered the naturalization case remanded to immigration officials under an agreed schedule.
Dani Rafik Kataya and U.S. Citizenship and Immigration Services, with the defendants required to follow the agreed remand terms.
What happened
Dani Rafik Kataya sued Alejandro Mayorkas and other defendants under a federal law allowing a court to address a delayed naturalization application. The application had been pending at U.S. Citizenship and Immigration Services for more than 120 days after Kataya’s interview.
The parties agreed that the agency would schedule Kataya for another interview within three weeks after remand. The agency would then take the necessary actions and decide the application within 14 days of that interview, unless unforeseen circumstances arose.
In Kataya v. Mayorkas, Magistrate Judge Thomas S. Hixson approved the stipulation and ordered the case remanded to the agency. Each side was ordered to bear its own costs and fees. If the agency did not decide the application on time, the defendants would not oppose Kataya’s request to vacate the remand order and restore the court’s jurisdiction.
The detailed version
- Kataya v. Mayorkas · No. 3:23-cv-01019
- Thomas Hixson
- Apr. 24, 2023
Background
Dani Rafik Kataya brought an action under 8 U.S.C. § 1447(b), which permits a federal 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 Kataya’s application was pending before U.S. Citizenship and Immigration Services (USCIS) for more than 120 days after the interview.
USCIS stated that it was prepared to resolve the matter by adjudicating the application but could not do so until the court remanded the case to the agency. The parties submitted a stipulation asking the court to remand the case under § 1447(b).
Stipulated schedule
Under the stipulation, USCIS agreed to schedule Kataya for a re-interview within three weeks of the remand. The agency was directed to take all necessary actions and issue a decision on the naturalization application within 14 days after the re-interview, absent unforeseen circumstances.
The defendants also agreed not to oppose a request by Kataya to vacate the remand order and reassert jurisdiction under § 1447(b) if USCIS did not issue a decision within the stated period. Each party would bear its own costs and fees.
Ruling
Judge Thomas S. Hixson approved the stipulation and ordered the case remanded to USCIS. The order did not decide whether Kataya should receive naturalization. It instead set the agreed schedule for the agency to continue processing and decide the application.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.