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Mandamus decisions / Central District of California

Galvez v. Howerton

Central District of CaliforniaPfaelzerDecided August 20, 1980

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What the decision decided

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Agency Department of State Read by a model
The Court orders the defendant Secretary of State to issue A.T. Cortes and E. Cortes Fifth Preference visa numbers and to charge them to the 1979 visa allotments.
Form or filing I-130 (relative petition); I-485 (adjustment of status) Read by a model
Plaintiff filed a complaint on November 2, 1979, in the nature of a mandamus to compel administrative action by the INS in processing the I-130 and I-485 forms.
What the suit asked for Some other action Read by a model
They seek a court order compelling the defendants to issue them appropriate visa numbers.
Kind of order A ruling on a motion or the petition Read by a model
Accordingly, IT IS HEREBY ORDERED that plaintiffs' Motion for Summary Judgment is granted, and defendants' Motion for Summary Judgment is denied.
Motion decided Summary judgment Read by a model
Accordingly, IT IS HEREBY ORDERED that plaintiffs' Motion for Summary Judgment is granted, and defendants' Motion for Summary Judgment is denied.
Whose motion Cross-motions Read by a model
Accordingly, IT IS HEREBY ORDERED that plaintiffs' Motion for Summary Judgment is granted, and defendants' Motion for Summary Judgment is denied.
Disposition Granted in the applicant's favor The principal motion was granted in full: summary judgment for either side, an injunction or TRO, a writ or order to act, fees. A motion to dismiss granted in full counts as Dismissed; a transfer is listed apart. Read by a model
Accordingly, IT IS HEREBY ORDERED that plaintiffs' Motion for Summary Judgment is granted, and defendants' Motion for Summary Judgment is denied.
Prevailing party Applicant Read by a model
Accordingly, IT IS HEREBY ORDERED that plaintiffs' Motion for Summary Judgment is granted, and defendants' Motion for Summary Judgment is denied.
The delay claim Relief ordered Read by a model
The Court orders the defendant Secretary of State to issue A.T. Cortes and E. Cortes Fifth Preference visa numbers and to charge them to the 1979 visa allotments.
Months pending 4.2 months from the application to the suit; 13.8 months from the application to the court's decision Read by a model
On June 28, 1979, Galvez filed an "I-130E" application with the INS in Los Angeles to have her sister, A.T. Cortes, classified as a Fifth Preference immigrant [1] from Mexico under 8 U.S.C. § 1153(a)(5).
TRAC factors The court did not weigh the TRAC factors Read by a model
The government's delay arguments Visa availability rejected Read by a model
As a result, the Government is estopped from denying the *37 availability of appropriate visa numbers for plaintiffs Amelia Toral de Cortes ("A.T. Cortes") and Enrique Cortes-Villalobos ("E. Cortes")
Threshold rulings None Read by a model
Nationality Mexico Read by a model
plaintiffs A.T. Cortes and her husband, E. Cortes, are Mexican citizens currently residing in California.
I-130 category Family preference Read by a model
On June 28, 1979, Galvez filed an "I-130E" application with the INS in Los Angeles to have her sister, A.T. Cortes, classified as a Fifth Preference immigrant

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 Ninth 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.