Passim

Mandamus decisions / District of Minnesota

Hong Yin v. Frazier

District of MinnesotaTunheimDecided February 22, 2010No. 0:08-cv-06512

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
On February 19, 2009, the USCIS denied Yin’s administrative appeal.
Form or filing N-400 (naturalization) Read by a model
On September 29, 2006, while living with her husband in China, Yin filed an application for naturalization pursuant to 8 U.S.C. § 1430(b).
What the suit asked for Naturalization hearing or remand (1447(b)) Read by a model
Yin originally brought this action pursuant to 8 U.S.C. § 1447(b)
Kind of order A transfer order Read by a model
The Clerk of Court is DIRECTED to transfer this action to the United States District Court for the District of South Dakota, Western Division, pursuant to 28 U.S.C. § 1631.
Motion decided Other motion to dismiss; Summary judgment; Transfer Read by a model
2. Defendants’ Motion to Dismiss or for Summary Judgment [Docket No. 4] is DENIED without prejudice. 3. The Clerk of Court is DIRECTED to transfer this action to the United States District Court for the District of South Dakota, Western Division, pursuant to 28 U.S.C. § 1631.
Whose motion Cross-motions Read by a model
1. Plaintiff Yin’s Motion for Hearing [Docket No. 9] is DENIED without prejudice. 2. Defendants’ Motion to Dismiss or for Summary Judgment [Docket No. 4] is DENIED without prejudice.
Disposition Transferred to another court An order moving the case to another court. It decides where the suit is heard, not who wins, so it is not counted as either side's win. Read by a model
The Clerk of Court is DIRECTED to transfer this action to the United States District Court for the District of South Dakota, Western Division, pursuant to 28 U.S.C. § 1631.
Prevailing party Neither side Read by a model
The Clerk of Court is DIRECTED to transfer this action to the United States District Court for the District of South Dakota, Western Division, pursuant to 28 U.S.C. § 1631.
The delay claim Not decided here Read by a model
The Clerk of Court is DIRECTED to transfer this action to the United States District Court for the District of South Dakota, Western Division, pursuant to 28 U.S.C. § 1631.
The other claims Not decided here Read by a model
As in Omari, the Court emphasizes that it makes no determination on the merits of the case
Months pending 26.7 months from the application to the suit; 28.7 months from the application to the agency's action 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
On February 19, 2009, the USCIS denied Yin’s administrative appeal.
Months since the naturalization interview 24.6 months from the interview (2007-01-31) Read by a model
The USCIS interviewed Yin on January 31, 2007, regarding her application for naturalization.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings None Read by a model
Nationality China Read by a model
Yin is a Chinese citizen seeking to become a United States citizen through the naturalization process.

How the case ended

Docket
No. 0:08-cv-06512
Filed
December 31, 2008
Ended
February 22, 2010
Suit's filing to its end
418 days
How it ended
Transferred
From the record
idb disp 0 (transferred to another district)

A voluntary or stipulated dismissal is how most suits end once the agency acts; the docket rarely says why.

Supreme Court and Eighth 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.