Benatar v. DHS Secretary Markwayne Mullin

Sep 1, 2026
2:26-cv-02551

Order Granting Stipulation Remanding Case to United States Citizenship and Immigration Services, Pursuant to 8 U.S.C. § 1447(b)

Plaintiff Or Benatar (“Plaintiff“) commenced an action pursuant to 8 U.S.C. § 1447(b), requesting this Court to adjudicate his application for naturalization that was pending before the United States Citizenship and Immigration Services (“USCIS” or “the agency“) for more than 120 days after Plaintiff had been interviewed. USCIS is now prepared to resolve this matter by adjudicating Plaintiff‘s application for naturalization. However, USCIS cannot adjudicate the application until the Court remands the matter to the agency. See 8 U.S.C. § 1447(b) (explaining that the district court “may remand [a Section 1447(b) case], with appropriate instructions, to [USCIS]“); United States v. Hovsepian, 359 F.3d 1144, 1160 (9th Cir. 2004) (accord.).

Accordingly, subject to the Court‘s approval and pursuant to LR IA 6-2, it is hereby stipulated that:

  1. The Court shall remand this case to the Las Vegas Field Office of USCIS, directing the agency to take all necessary actions and issue a decision on Plaintiff‘s application for naturalization, absent unforeseen circumstances.
  2. Each of the parties shall bear its own attorneys’ fees and costs.

IT IS SO ORDERED:

U.S. DISTRICT JUDGE

DATED: September 1, 2026