Mandamus decisions / District of Arizona

Pichardo-Martinez v. Ashcroft

District of ArizonaDecided June 6, 2005

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
On March 31, 2004, CIS denied Plaintiff's application for naturalization.
Form or filing N-400 (naturalization) Read by a model
On June 8, 1995, Plaintiff filed an application for naturalization with the Immigration and Naturalization Service (succeeded by the Bureau of Citizenship and Immigration Services).
What the suit asked for Naturalization hearing or remand (1447(b)) Read by a model
Plaintiff asked the Court to adjudicate his 1995 naturalization application de novo, arguing under Hovsepian that CIS had been without jurisdiction to deny the application.
Kind of order A ruling on a motion or the petition Read by a model
Pending is Defendant's motion to dismiss Plaintiff's second amended complaint. For the reasons stated below, the motion is granted.
Motion decided Motion to dismiss for lack of jurisdiction Read by a model
Fed.R.Civ.P. 12(b)(1) authorizes dismissal for lack of jurisdiction.
Whose motion The government's motion Read by a model
Pending is Defendant's motion to dismiss Plaintiff's second amended complaint.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
IT IS FURTHER ORDERED that the second amended complaint is DISMISSED for lack of jurisdiction.
Prevailing party Government Read by a model
IT IS ORDERED that Defendants' motion to dismiss [DOC # 28] is GRANTED.
The delay claim Dismissed Read by a model
IT IS FURTHER ORDERED that the second amended complaint is DISMISSED for lack of jurisdiction.
The other claims Dismissed Read by a model
IT IS FURTHER ORDERED that the second amended complaint is DISMISSED for lack of jurisdiction.
Months pending 99.4 months from the application to the suit; 120 months from the application to the court's decision 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 June 8, 1995, Plaintiff filed an application for naturalization with the Immigration and Naturalization Service (succeeded by the Bureau of Citizenship and Immigration Services).
Months since the naturalization interview 94.3 months from the interview (1996-05-21) Read by a model
On or about May 21, 1996, the INS conducted an initial examination of Plaintiff.
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 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.