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Mandamus decisions / Northern District of Illinois

Chavez v. Immigration & Naturalization Service

Northern District of IllinoisMarvin E. AspenDecided May 25, 1993

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What the decision decided

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Agency Not recorded Read by a model
Form or filing N-400 (naturalization) Read by a model
Petitioner Jorge A. Chavez ("Chavez") filed an application for naturalization with *1225 the Immigration and Naturalization Service ("INS") almost two years ago.
What the suit asked for Naturalization hearing or remand (1447(b)) Read by a model
Chavez filed a complaint with this Court under 8 U.S.C. § 1447(b), asking us to grant his application.
Kind of order A ruling on a motion or the petition Read by a model
Accordingly, we deny petitioner's motion to reinstate his complaint.
Motion decided None Read by a model
Whose motion The plaintiff's motion Read by a model
Accordingly, we deny petitioner's motion to reinstate his complaint.
Disposition Denied in the government's favor The principal motion was denied in full: relief the plaintiff asked for denied on the merits, such as summary judgment, an injunction or fees. The government's motion denied so the case goes on is listed apart. Read by a model
Accordingly, we deny petitioner's motion to reinstate his complaint.
Prevailing party Government Read by a model
Accordingly, we deny petitioner's motion to reinstate his complaint.
The delay claim Not decided here Read by a model
Chavez is essentially asking us to review the INS' denial without the benefit of a hearing before an immigration officer.
The other claims Dismissed Read by a model
We cannot agree with Chavez, however, that the legislature ever intended § 1447(b) to permit a district court to circumvent the appeals process provided for by statute. Accordingly, we deny petitioner's motion to reinstate his complaint.
Months pending 12 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
After nearly a year had passed without a decision by the INS, Chavez filed a complaint with this Court under 8 U.S.C. § 1447(b), asking us to grant his application.
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 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 14, 2026. Check the current status before relying on one.