Passim

Mandamus decisions / Eastern District of Missouri

Doan v. INS

Eastern District of MissouriJean C. HamiltonDecided December 14, 1997No. 4:97-cv-01713

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 Not recorded Read by a model
Form or filing I-602 Read by a model
Under consideration is an application by Refugee for Waiver of Grounds of Excludability (Form I-602).
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
IT IS HEREBY ORDERED that Defendants' Motion to Dismiss (Doc. No. 6) is *748 GRANTED.
Motion decided Motion to dismiss for lack of jurisdiction Read by a model
Because the Court will grant Defendant's Motion to Dismiss based on lack of jurisdiction, the Court need not discuss the alternative grounds raised in the motion, such as lack of standing.
Whose motion The government's motion Read by a model
This matter arises on Defendants' Motion to Dismiss filed on October 23, 1997.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
IT IS HEREBY ORDERED that Defendants' Motion to Dismiss (Doc. No. 6) is *748 GRANTED. An Order of Dismissal will accompany this Memorandum and Order.
Prevailing party Government Read by a model
The Court will grant Defendants' Motion to Dismiss.
The other claims Dismissed Read by a model
Because the Court will grant Defendant's Motion to Dismiss based on lack of jurisdiction, the Court need not discuss the alternative grounds raised in the motion, such as lack of standing.
Months pending 10.6 months from the application to the agency's action Read by a model
Defendant, District Director Olen R. Martin, a consular officer for the INS in Bangkok, Thailand, denied Nguyen's application for a refugee waiver based on 8 C.F.R. § 207.1 (d). District Director Martin notified Nguyen of his decision in a letter dated May 2, 1997.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Consular nonreviewability applied Read by a model
Yet, as discussed, the Court is without jurisdiction to review even legal or procedural errors committed by consular officers.
Nationality Vietnam Read by a model
Plaintiff Lanh Thi Nguyen ("Nguyen"), a citizen and resident of Vietnam

How the case ended

Docket
No. 4:97-cv-01713
Filed
August 18, 1997
Ended
December 14, 1997
Suit's filing to its end
118 days
How it ended
Dismissed, ground not recorded
From the record
idb disp 14 (dismissed: other)

A voluntary or stipulated dismissal is how most suits end once the agency acts; the docket rarely says why.

Supreme Court and Eighth 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.