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…