Mandamus decisions / District of Maryland

Etape v. Chertoff

District of MarylandChasanowDecided August 15, 2006

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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
Plaintiff filed an application for naturalization with the Washington, D.C., District Office of the Bureau of Citizenship and Immigration Service, United States Department of Homeland Security ("CIS") on April 2, 2003.
Form or filing N-400 (naturalization) Read by a model
Plaintiff filed an application for naturalization with the Washington, D.C., District Office of the Bureau of Citizenship and Immigration Service, United States Department of Homeland Security ("CIS") on April 2, 2003.
What the suit asked for Naturalization hearing or remand (1447(b)) Read by a model
Plaintiff requests that after an evidentiary hearing to determine his eligibility, the court approve his application, or alternatively, that the court remand the application to CIS with instructions to approve.
Kind of order A ruling on a motion or the petition Read by a model
For the foregoing reasons, Defendant's motion to dismiss will be granted.
Motion decided Motion to dismiss for lack of jurisdiction Read by a model
Defendant then moved to dismiss the complaint, or alternatively for summary judgment, pursuant to Fed. R.Civ.P. 12(b)(1), 12(b)(6), and 56.
Whose motion The government's motion Read by a model
Defendant then moved to dismiss the complaint, or alternatively for summary judgment, pursuant to Fed. R.Civ.P. 12(b)(1), 12(b)(6), and 56.
Disposition Dismissed as moot Dismissed or denied as moot because the agency acted. Read by a model
Once CIS made a decision, however, Plaintiff's case became moot, and this court was without jurisdiction over the claim.
Prevailing party Neither side Read by a model
Once CIS made a decision, however, Plaintiff's case became moot, and this court was without jurisdiction over the claim.
The delay claim Moot: the agency acted Read by a model
Once CIS made a decision, however, Plaintiff's case became moot, and this court was without jurisdiction over the claim.
Months pending 25.7 months from the application to the suit; 30.6 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 October 18, 2005, while Plaintiff's complaint was pending, CIS denied Plaintiff's naturalization application because of a lack of good moral character.
Months since the naturalization interview 25.3 months from the interview (2003-09-09) Read by a model
On September 9, 2003, Plaintiff appeared for his initial interview at the CIS District Office in Baltimore, Maryland.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Held moot Read by a model
Once CIS made a decision, however, Plaintiff's case became moot, and this court was without jurisdiction over the claim.

Other orders in this case

The group holds 2 decisions from this suit, oldest first. Outcome counts on these pages count the case once, by its latest decision. How decisions are grouped into cases.

DecisionDecidedJudgeDisposition
Etape v. ChertoffThis decision August 15, 2006 Chasanow Dismissed as moot
Etape v. NapolitanoThe case's latest decision: its outcome is the one counted September 15, 2009 Deborah K. Chasanow Granted in the government's favor

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 Fourth 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.