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Mandamus decisions / Western District of Washington

Kamat v. United States Citizenship and Immigration Services

Western District of WashingtonJohn H. ChunDecided January 30, 2024No. 2:23-cv-01133

Read the decisionOriginal on CourtListener

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What the decision decided

Each value cites the passage it was read from. Values read by a model were checked against that passage; values read by rule come from fixed text patterns. Read the decision before relying on either.

Agency USCIS Read by a model
This case is about the first step of the EB-5 visa process: USCIS’s adjudication of 24 Kamat’s Form I-526 petition.
Form or filing I-526 (investor petition) Read by a model
On September 30, 2021, Kamat filed a Form I-526 petition
What the suit asked for Decide the application Read by a model
Plaintiff Yash Kamat seeks an order compelling USCIS to adjudicate his 19 Form I-526 petition within 14 days
Kind of order A ruling on a motion or the petition Read by a model
ORDER GRANTING MOTION TO DISMISS
Motion decided Motion to dismiss for failure to state a claim Read by a model
Motion to Dismiss the Complaint Pursuant to FRCP 18 12(b)(6).
Whose motion The government's motion Read by a model
Defendant United States Citizenship 17 and Immigration Services’ (“USCIS”) Motion to Dismiss the Complaint Pursuant to FRCP 18 12(b)(6).
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
the Court GRANTS the motion to dismiss (Dkt. # 8) and DISMISSES this matter.
Prevailing party Government Read by a model
the Court GRANTS the motion to dismiss (Dkt. # 8) and DISMISSES this matter.
The delay claim Dismissed Read by a model
the Court GRANTS the motion to dismiss (Dkt. # 8) and DISMISSES this matter.
Months pending 28 months from the application to the court's decision Read by a model
On September 30, 2021, Kamat filed a Form I-526 petition, “Immigrant Petition by 7 Alien Entrepreneur,” based on this investment.
TRAC factors The court weighed the TRAC factors
  • 1. Rule of reasonfavors the government
  • 2. Congressional timetablefavors the applicant
  • 3. Human health and welfarefavors the government
  • 4. Competing prioritiesfavors the government
  • 5. Interests prejudicedfavors the government
  • 6. No impropriety neededneutral
Read by a model
For these reasons, the first TRAC factor favors USCIS.
The government's delay arguments First-in, first-out processing accepted; Line-jumping accepted Read by a model
The 2 Court agrees that “USCIS’s rule of reason calls for processing Form I-526 petitions from 3 nationals of countries as to which visas are currently available in the order in which those 4 petitions were received”
Threshold rulings None Read by a model
Nationality India Read by a model
Yash Kamat is a citizen of India and lives in Issaquah, Washington.

How the case ended

Docket
No. 2:23-cv-01133
Filed
July 31, 2023
Ended
January 30, 2024
Suit's filing to its end
183 days
How it ended
Dismissed on jurisdiction or the merits
From the record
order 2024-01-30 dismisses on the TRAC factors; idb disp 6 (judgment: motion before trial), judgment for defendant

A voluntary or stipulated dismissal is how most suits end once the agency acts; the docket rarely says why. Other suits in this court.

Supreme Court and Ninth Circuit authority

District decisions bind no one. On the questions this decision raises, the Supreme Court decisions and the circuit's published decisions listed here bind this court; a circuit disposition marked nonprecedential was not published as precedent and is persuasive only. ImmCite status as read November 3, 2026. Check the current status before relying on one.