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Mandamus decisions / Eastern District of Texas

Arshad v. Chertoff

Eastern District of TexasEarl S. HinesDecided March 2, 2007

Read the decisionOriginal on CourtListener

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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
Arshad alleges that he has applied to become a naturalized citizen, but that USCIS has failed to act on his application for naturalization within 120 days of its examination of him.
Form or filing N-400 (naturalization) Read by a model
Arshad applied for naturalization in April, 2003.
What the suit asked for Naturalization hearing or remand (1447(b)) Read by a model
The court can either “determine the matter or remand the matter, with appropriate instructions, to the Service to determine the matter.” See 8 U.S.C. § 1447(b).
Kind of order A ruling on a motion or the petition Read by a model
They disagree on whether the court should impose a time deadline for acting on the application.
Motion decided Remand under 1447(b) Read by a model
This opinion addresses defendants’ motion to remand this case to the United State Citizenship and Immigration Services (USCIS).
Whose motion The government's motion Read by a model
This opinion addresses defendants’ motion to remand this case to the United State Citizenship and Immigration Services (USCIS).
Disposition Remanded to the agency Sent back to the agency, with or without instructions. Read by a model
By separate order, the court will remand this matter USCIS for determination of Arshad’s application for naturalization within 120 days.
Prevailing party Applicant Read by a model
By separate order, the court will remand this matter USCIS for determination of Arshad’s application for naturalization within 120 days.
The delay claim Remanded to the agency Read by a model
By separate order, the court will remand this matter USCIS for determination of Arshad’s application for naturalization within 120 days.
Months pending 37.3 months from the application to the suit; 46.6 months from the application to the court's decision A section 1447(b) suit: these months run from the naturalization application. The statute's 120 days run from the interview, which they do not measure. Read by a model
Arshad applied for naturalization in April, 2003.
Months since the naturalization interview 39.5 months from the interview (2003-11) Read by a model
In November of 2003, USCIS interviewed Arshad.
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 Fifth 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.