Mandamus decisions / Northern District of Texas

Ziae v. Garland

Northern District of TexasDecided November 8, 2024No. 3:24-cv-01122

Read the decisionOriginal on CourtListener

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What the decision decided

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Agency USCIS Read by a model
USCIS denied Ziae’s requests for expedited processing, id. ¶ 11, and his Forms I-131 remain pending.
Form or filing I-131 (travel document) Read by a model
applications for parole entry into the United States (Forms I-131)
What the suit asked for Some other action Read by a model
This case concerns a purported unreasonable delay in the adjudication of pro se Plaintiff Sadia Ziae’s applications for “humanitarian parole” on behalf of several of his family members living in Afghanistan.
Kind of order A magistrate judge's recommendation Read by a model
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Motion decided Motion to dismiss for lack of jurisdiction Read by a model
For the reasons explained below, the District Judge should GRANT Defendants’ Motion to Dismiss under Federal Rule of Civil Procedure 12(b)(1).
Whose motion The government's motion Read by a model
Defendants filed a Motion to Dismiss Ziae’s complaint for lack of subject matter jurisdiction or, alternatively, for insufficient service of process.
Disposition Magistrate judge's recommendation A magistrate judge's report and recommendation. The district judge decides whether to adopt it, so it is not counted as either side's win. Read by a model
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Prevailing party Neither side Read by a model
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
The delay claim Dismissed Read by a model
The District Judge should dismiss Ziae's claims against Defendants under Rule 12(b)(1).
Months pending 25.1 months from the application to the suit; 31 months from the application to the court's decision Read by a model
On April 8, 2022, he submitted applications for parole entry into the United States (Forms I-131)
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Section 1252(a)(2)(B) bar applied Read by a model
In sum, the weight of authority favors finding that § 1252(a)(2)(B)(ii) bars the Court from reviewing Ziae’s claims.
Nationality Afghanistan Read by a model
on behalf of six of his family members, Afghan nationals, living in Afghanistan.

How the case ended

Docket
No. 3:24-cv-01122
On the docket
This ruling (ECF 15)
Filed
May 14, 2024
Ended
December 19, 2024
Suit's filing to its end
219 days
How it ended
Dismissed, ground not recorded
From the record
idb disp 14 (dismissed: other)

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

The ruling's entry is the docket's one order or judgment entered the day of the decision. Both come from CourtListener's copy of the docket; check them there.

Supreme Court and Fifth 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 14, 2026. Check the current status before relying on one.