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Mandamus decisions / Western District of Texas

Perez v. Reno

Western District of TexasBrionesDecided August 25, 1998

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 EOIR Read by a model
IT IS FURTHER ORDERED that Perez's petition for a writ of habeas corpus is GRANTED to the extent that the case is REMANDED to the Board of Immigration Appeals for a discretionary determination of the merits of his application for relief under the old INA § 212(c).
Form or filing None named Read by a model
What the suit asked for Not recorded Read by a model
Kind of order A ruling on a motion or the petition Read by a model
Accordingly, IT IS HEREBY ORDERED that Defendants' Motion to Dismiss is DENIED.
Motion decided Other motion to dismiss; Summary judgment Read by a model
Accordingly, IT IS HEREBY ORDERED that Defendants' Motion to Dismiss or, in the alternative, Motion for Summary Judgment is DENIED.
Whose motion Cross-motions Read by a model
denying Defendants' Motion to Dismiss or, in the alternative, Motion for Summary Judgment filed on July 2, 1998, and granting Plaintiff's request for writ of habeas corpus
Disposition Remanded to the agency Sent back to the agency, with or without instructions. Read by a model
IT IS FURTHER ORDERED that Perez's petition for a writ of habeas corpus is GRANTED to the extent that the case is REMANDED to the Board of Immigration Appeals for a discretionary determination of the merits of his application for relief under the old INA § 212(c).
Prevailing party Applicant Read by a model
IT IS FURTHER ORDERED that Perez's petition for a writ of habeas corpus is GRANTED to the extent that the case is REMANDED to the Board of Immigration Appeals for a discretionary determination of the merits of his application for relief under the old INA § 212(c).
The other claims Remanded to the agency Read by a model
IT IS FURTHER ORDERED that Perez's petition for a writ of habeas corpus is GRANTED to the extent that the case is REMANDED to the Board of Immigration Appeals for a discretionary determination of the merits of his application for relief under the old INA § 212(c).
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
Plaintiff Hilario Perez ("Perez") is a 58-year-old native and citizen of Mexico.

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 Fifth 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.