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Mandamus decisions / Southern District of Florida

Cortes v. Swacina

Southern District of FloridaCecilia M. AltonagaDecided November 12, 2008

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 USCIS Read by a model
The results of the name check were disclosed to Plaintiff on April 22, 2008, and on May 22, 2008, USCIS approved Plaintiff's naturalization application.
Form or filing N-400 (naturalization) Read by a model
Plaintiff filed a naturalization application pursuant to 8 U.S.C. § 1445 on December 6, 2005.
What the suit asked for Naturalization hearing or remand (1447(b)) Read by a model
Plaintiff's first claim seeks, in the alternative, "the Court to remand the matter, with appropriate instructions to USCIS" under Section 1447(b).
Kind of order An order on fees Read by a model
Plaintiff's Motion for Attorney's Fees [D.E. 8] is GRANTED.
Motion decided Fees under EAJA Read by a model
On June 11, 2008, Plaintiff filed the Motion for Attorney's Fees [D.E. 8] seeking a fee award under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412.
Whose motion The plaintiff's motion Read by a model
On June 11, 2008, Plaintiff filed his Motion for Attorney's Fees [D.E. 8]
Disposition Attorney's fees An order on attorney's fees or costs after the case, counted for the side that won the fee motion. Read by a model
Plaintiff's Motion for Attorney's Fees [D.E. 8] is GRANTED.
Prevailing party Applicant Read by a model
Plaintiff's Motion for Attorney's Fees [D.E. 8] is GRANTED.
The delay claim Not decided here Read by a model
Plaintiff's Motion for Attorney's Fees [D.E. 8] is GRANTED.
Months pending 27.9 months from the application to the suit; 29.5 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 May 22, 2008, USCIS approved Plaintiff's naturalization application.
Months since the naturalization interview 25.7 months from the interview (2006-03-31) Read by a model
On March 31, 2006, Plaintiff was examined by a U.S. Citizenship and Immigration Services ("USCIS") officer at the Miami office pursuant to 8 C.F.R. § 335.2.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings None Read by a model

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 Eleventh 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.