Passim

Mandamus decisions / District of Colorado

Xing Lin v. Chertoff

District of ColoradoBabcockDecided November 14, 2007

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2,996 written decisions from 2,731 cases in the whole mandamus and agency-delay group, the group's newest decided November 12, 2026. Updated November 14, 2026 at 1:17 a.m. CT; the Passim connector counts the live collection, which can differ by the day's additions and retirements (which total to quote). Coverage: of the 1,617 public decisions since January 1, 2025 that a CourtListener and GovInfo search for mandamus and agency delay finds, Passim holds 1,406 (87%), 1,039 of them in this group, measured November 14, 2026. Some of what that search finds are not mandamus decisions. Tell us about a decision we're missing.

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What the decision decided

Each value cites the passage it was read from. Values read by a model were checked against that passage; values read by rule come from fixed text patterns. Read the decision before relying on either.

Agency USCIS Read by a model
When an alien challenges the Bureau of Citizenship and Immigration Services' determination that he is ineligible for consideration of an adjustment of status — but such determination is independent of a removal order — the REAL ID Act should not apply to prohibit district court jurisdiction.
Form or filing I-601 (waiver) Read by a model
Petitioner filed a Form 1-601 waiver application on August 22, 2007.
What the suit asked for Decide the application Read by a model
Petitioner requests I issue a writ of mandamus requiring Respondents hear Petitioner's Form I-601 application for waiver of inadmissibility under 8 U.S.C. § 1182(i) before *1313 he is deported.
Motion decided Other motion to dismiss; Transfer Read by a model
Accordingly, IT IS ORDERED that Respondents' Motion to Dismiss, or in the Alternative, Motion to Transfer [Docket # 7] is GRANTED, in part, and DENIED, in part, as follows:
Disposition Dismissed in part; some claims go on The government's motion to dismiss was granted in part: some claims were dismissed and others go on. Read by a model
Accordingly, IT IS ORDERED that Respondents' Motion to Dismiss, or in the Alternative, Motion to Transfer [Docket # 7] is GRANTED, in part, and DENIED, in part, as follows:
Prevailing party Each side in part Read by a model
Accordingly, IT IS ORDERED that Respondents' Motion to Dismiss, or in the Alternative, Motion to Transfer [Docket # 7] is GRANTED, in part, and DENIED, in part, as follows:
Months pending 2.8 months from the application to the court's decision Read by a model
Petitioner filed a Form 1-601 waiver application on August 22, 2007.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings None Read by a model

How the case ended

This decision is not linked to a docket in the docket record yet, so how the case ended is not shown.

Supreme Court and Tenth Circuit authority

District decisions bind no one. On the questions this decision raises, the Supreme Court decisions and the circuit's published decisions listed here bind this court; a circuit disposition marked nonprecedential was not published as precedent and is persuasive only. ImmCite status as read November 14, 2026. Check the current status before relying on one.