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Mandamus decisions / Eastern District of Pennsylvania

Harriott v. Ashcroft

Eastern District of PennsylvaniaKauffmanDecided July 1, 2003

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What the decision decided

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Agency Not recorded Read by a model
Form or filing N-643 Read by a model
upon receipt of the N-643 [application form], the field office should preliminarily adjudicate the application to determine eligibility in less than 60 days.
What the suit asked for Some other action Read by a model
Accordingly, the Court will issue a Writ of Mandamus ordering Respondents to approve the Application for Derivative Citizenship nunc pro tunc, effective May 17, 1998.
Kind of order A ruling on a motion or the petition Read by a model
For the following reasons, the Court will deny Respondents' Motion and grant Petitioners' Motion.
Motion decided Fees under EAJA; Summary judgment Read by a model
the Court will deny Respondents' Motion for Summary Judgment, grant Petitioners' Motion for Summary Judgment, issue a Writ of Mandamus and award Petitioners $7,143.66 in attorney's fees and costs pursuant to 28 U.S.C. § 2412(d)(1)(A).
Whose motion Cross-motions Read by a model
Now before the Court are Respondents' Motion to Dismiss and Petitioners' Motion for Judgment on the Pleadings.
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
Petitioners' Petition for Writ of Mandamus is GRANTED.
Prevailing party Applicant Read by a model
JUDGMENT IS ENTERED in favor of Petitioners and against Respondents.
The delay claim Relief ordered Read by a model
Respondents are ordered to approve Petitioners' Application for Derivative Citizenship nunc pro tunc, effective May 17, 1998.
The other claims Relief ordered Read by a model
Because Respondents are estopped from denying that the Application should have been granted, and because there are no other disputed facts before the Court, Petitioners are entitled to judgment as a matter of law.
Months pending 54.2 months from the application to the suit; 73.3 months from the application to the court's decision Read by a model
on May 23, 1997, she applied for a Certificate of Naturalization for Ryan
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Mootness argument rejected Read by a model
The Court finds even less persuasive Respondents' claim that all of Petitioners' claims are moot

How the case ended

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Supreme Court and Third 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.