What are the implications of a federal district court finding that the Department of the INS has failed to meet the statutory time limits for responding to a request for information from an applicant who has pending deportation proceedings?

On appeal, we reversed and remanded. We held that the district court had overlooked the existence of genuine issues of material fact as to whether increasing workloads at INS offices created "exceptional circumstances" justifying its failure to respond within the statutory time limits, and whether the agency had demonstrated "due diligence" in responding to requests for information urgently needed by aliens who faced pending deportation or exclusion proceedings. See Mayock v. Nelson, 938 F.2d 1006, 100708 (9th Cir.1991).