SZE v. I.N.S.

No. 97-16495.

153 F.3d 1005 (1998)

Robert Wong SZE, Wah Chung Kwan, Nam Dai Huynh; Ying Yeun Chiang; Danh Thi Thanh Nguyen; Yuk Ping Fong Tse; Chun Fung Yu-Seto; Alexander Ho Jeung Leung, Plaintiffs-Appellants, v. IMMIGRATION AND NATURALIZATION SERVICE; Janet Reno, Attorney General; Doris Meissner, I & NS Commissioner; Natalie Vedder, Director, Nebraska Service Center, I & NS; Thomas Schiltgen, District Director, I & NS; Lois C. Chappell, Deputy Assistant District Director, Citizen Branch, I & NS, San Francisco; Louis J. Freeh, Federal Bureau of Investigation; Federal Bureau of Investigation; Department of Justice, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 28, 1998.


Attorney(s) appearing for the Case

Eugene C. Wong and Robert G. Ryan, San Francisco, CA, for plaintiffs-appellants.

William C. Erb, Office of Immigration Litigation, United States Department of Justice, Washington, DC, for defendants-appellees.

Before: BROWNING, GOODWIN and SCHROEDER, Circuit Judges.


GOODWIN, Circuit Judge:

Sze et al. ("Plaintiffs") appeal the grant of summary judgment in favor of the Immigration and Naturalization Service et al. ("Defendants"), and denial of Plaintiffs' motion for summary judgment. Plaintiffs seek a writ of mandamus ordering the Immigration and Naturalization Service ("INS") to grant or deny their naturalization applications, and also seek certification of a class of similarly situated applicants. We conclude that we lack Article...

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