Kee & Yee Inc. v. Immigration and Naturalization Service, District Director

99 F.3d 1146 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. KEE & YEE INC., Plaintiff-Appellee, v. IMMIGRATION AND NATURALIZATION SERVICE, DISTRICT DIRECTOR, Defendant-Appellant. No. 95-55899. United States Court of Appeals, Ninth Circuit. Submitted Oct. 11, 1996. * Decided Oct. 16, 1996. Before: O'SCANNLAIN, T.G. NELSON and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 The Immigration and Naturalization Service ("INS") appeals from the district court's summary judgment ordering, by writ of mandamus, that the INS grant Kee & Yee Inc. ("Kee & Yee") a hearing on the merits. We have jurisdiction under 28 U.S.C. § 1291 . 3 The INS contends that the district court erred in denying, first, its motion to dismiss the petition for lack of jurisdiction and, second, its motion for summary judgment. 4 * Kee & Yee's mandamus petition asserted jurisdiction under 8 U.S.C. § 1329 . Section 1329 generally confers jurisdiction on the district courts over "all causes,…