Passim

Mandamus decisions / District of South Dakota

HONG YIN v. Frazier

District of South DakotaJeffrey L. VikenDecided April 12, 2011No. 5:10-cv-05013

Read the decisionOriginal on CourtListener

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
Hong Yin was first interviewed by United States Citizenship and Immigration Services ("CIS") on January 31, 2007.
Form or filing N-400 (naturalization) Read by a model
On September 29, 2006, she filed her application for naturalization while living in China.
What the suit asked for Naturalization hearing or remand (1447(b)) Read by a model
Rather than request a de novo hearing before this court, Ms. Yin chose to have a decision made on her naturalization application based on the present record.
Kind of order A ruling on a motion or the petition Read by a model
ORDERED that the petition for naturalization (Docket 1) is denied without prejudice.
Motion decided Fees under EAJA Read by a model
IT IS FURTHER ORDERED that petitioner's application for attorney fees and costs pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412, (Docket 1) is denied.
Whose motion The plaintiff's motion Read by a model
On December 31, 2008, plaintiff Hong Yin, a Chinese citizen and a lawful permanent resident of the United States, filed *970 her petition requesting that she be granted the rights and benefits of becoming a naturalized citizen of the United States.
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
Based upon the above analysis, it is hereby ORDERED that the petition for naturalization (Docket 1) is denied without prejudice.
Prevailing party Government Read by a model
Thus, Ms. Yin is no longer qualified for naturalization under 8 U.S.C. § 1430(b).
The delay claim Relief ordered Read by a model
ORDERED that the petition for naturalization (Docket 1) is denied without prejudice.
Months pending 27.1 months from the application to the suit The agency acted before this decision, so the months up to the decision are not a delay and are not shown. 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 September 29, 2006, she filed her application for naturalization while living in China.
Months since the naturalization interview 24.6 months from the interview (2007-01-31) Read by a model
Hong Yin was first interviewed by United States Citizenship and Immigration Services ("CIS") on January 31, 2007.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Held moot Read by a model
IT IS FURTHER ORDERED that the petition for declaratory relief (Docket 1) is denied as moot.
Nationality China Read by a model
Hong Yin is a Chinese citizen seeking to become a United States citizen through the naturalization process.

How the case ended

Docket
No. 5:10-cv-05013
Filed
March 9, 2010
Ended
April 12, 2011
Suit's filing to its end
399 days
How it ended
Dismissed, ground not recorded
From the record
idb disp 14 (dismissed: other)

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 14, 2026. Check the current status before relying on one.