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Mandamus decisions / Northern District of Illinois

Cervantes v. Perryman

Northern District of IllinoisMarvin E. AspenDecided February 10, 1997

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What the decision decided

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Agency Department of Justice Read by a model
This complaint was amended on December 6, 1996 seeking the same relief from Janet Reno, Attorney General, who was added as a Defendant.
Form or filing I-765 (EAD) Read by a model
The Plaintiffs filed applications for suspension of deportation, pursuant to 8 U.S.C. § 1254(a)(1) and for employment authorization, based on eligibility under 8 C.F.R. § 274a.12(c)(10).
What the suit asked for Decide the application Read by a model
Plaintiffs seek, inter alia, an order requiring the Defendants to accept and adjudicate the applications for suspension of deportation
Kind of order A ruling on a motion or the petition Read by a model
The Court adopts Magistrate Judge Ashman's Report and Recommendation of January 24, 1997, and denies plaintiff's motion for preliminary injunction (5-1).
Motion decided Preliminary injunction or TRO Read by a model
The Court adopts Magistrate Judge Ashman's Report and Recommendation of January 24, 1997, and denies plaintiff's motion for preliminary injunction (5-1).
Whose motion The plaintiff's motion Read by a model
On December 6, 1996, the Plaintiffs filed this motion for a preliminary injunction
Disposition Denied in the government's favor The principal motion was denied in full: a motion to dismiss denied so the case goes on, or relief denied on the merits. Read by a model
The Court adopts Magistrate Judge Ashman's Report and Recommendation of January 24, 1997, and denies plaintiff's motion for preliminary injunction (5-1).
Prevailing party Government Read by a model
The Court adopts Magistrate Judge Ashman's Report and Recommendation of January 24, 1997, and denies plaintiff's motion for preliminary injunction (5-1).
The delay claim Relief denied Read by a model
The Court adopts Magistrate Judge Ashman's Report and Recommendation of January 24, 1997, and denies plaintiff's motion for preliminary injunction (5-1).
The other claims Relief denied Read by a model
this Court will not find the regulations at issue here unconstitutional as applied simply because Plaintiffs baldly assert that it is so.
Months pending Not stated Read by a model
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings None Read by a model
Nationality Mexico Read by a model
Plaintiffs, who are of Mexican descent and who have listed their nationality and citizenship as Mexican

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 Seventh 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 3, 2026. Check the current status before relying on one.