Jaime Agustin Agcaoili v. Ernest E. Gustafson

After the decision by the Supreme Court in INS v. Pangilinan, — U.S. -, 108 S.Ct. 2210 , 100 L.Ed.2d 882 (1988), we granted rehearing. In light of the Supreme Court’s decision, we withdraw our previous opinion and deny the appellant’s petition for mandamus.

Appellants, Filipinos who served in the United States Armed Forces during World War II, brought this mandamus action to compel the Immigration and Naturalization Service (INS) to process their applications for naturalization, to schedule them for preliminary examinations, to conduct investigations, to make recommendations to the district court concerning their eligibility for naturalization, and to schedule them for final hearings before the district court, in accordance with the Immigration and Nationality Act (INA). The district court denied both parties’ motions for summary judgment and stayed the action pending a final decision by the Supreme Court in Pangilinan v. INS, 796 F.2d 1091 (9th Cir.1986), rev’d, — U.S. -, 108 S.Ct. 2210 , 100 L.Ed.2d 882 (1988). The applicants appealed.

FACTS

The appellants are 63 Filipinos who served in the United States Armed Forces during World War II. Most of the appellants reside in the…