United States Eighth Circuit

Summary judgment for defendants in an action for a writ of mandamus to compel officials to favorably adjudicate plaintiff's application for adjustment of status is affirmed where e-mails implying that the INS intentionally delayed adjudication until petitioner's divorce proceedings had been completed did not constitute a basis for a ruling that he was clearly and indisputedly entitled to a favorable adjudication of his request for a waiver.

Appellate Information

• Decided 04/21/2006
• Published 04/21/2006

Judges

• WOLLMAN, Circuit Judge., Before WOLLMAN, LAY, and ARNOLD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• James K. McGough, argued, Omaha, Nebraska, for appellant.


• For Appellees:
  
• Christian A. Martinez, argued, Assistant U.S. Attorney, Omaha, Nebraska (Michael G. Heavican, on the brief), for appellee.