Mandamus decisions / District of New Mexico

Vega Ayala v. Noem

District of New MexicoMargaret I. StricklandDecided May 6, 2025No. 1:24-cv-00816

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 concerns United States Citizenship and Immigration Services (USCIS)’s adjudication (or, more accurately, lack thereof) of U visa petitions.
Form or filing I-765 (EAD); I-918 (U visa) Read by a model
This case concerns United States Citizenship and Immigration Services (USCIS)’s adjudication (or, more accurately, lack thereof) of U visa petitions.
What the suit asked for Decide the application Read by a model
adjudication of their petitions for U visas and placement on the waitlist or issuance of a BFD, and grant of associated EADs and deferred action.
Kind of order A ruling on a motion or the petition Read by a model
ORDER DENYING MOTION TO DISMISS
Motion decided Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim Read by a model
Defendants move to dismiss Plaintiffs’ claims under both Federal Rule of Civil Procedure 12(b)(6) and 12(b)(1).
Whose motion The government's motion Read by a model
THIS MATTER is before the Court on Defendants’ Motion to Dismiss, ECF No. 7, filed October 15, 2024.
Disposition Denied in the applicant's favor The principal motion was denied in full: a motion to dismiss denied so the case goes on, or relief denied on the merits. Read by a model
For the foregoing reasons, Defendants’ Motion to Dismiss, ECF No. 7, is DENIED.
Prevailing party Applicant Read by a model
For the foregoing reasons, Defendants’ Motion to Dismiss, ECF No. 7, is DENIED.
The delay claim The delay claim goes on Read by a model
For the foregoing reasons, Defendants’ Motion to Dismiss, ECF No. 7, is DENIED.
Months pending Not stated Read by a model
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Section 1252(a)(2)(B) bar rejected Read by a model
Section 1252(a)(2)(B)(ii) neither deprives the Court of jurisdiction directly nor through Section 701(a)(1) of the APA.
U visa claims Bona fide determination: goes on; Work permit: goes on; Waiting list: goes on Read by a model
Defendants’ Motion is therefore DENIED as to Plaintiffs’ BFD claim.

How the case ended

Docket
No. 1:24-cv-00816
Filed
August 14, 2024
Ended
November 20, 2025
Suit's filing to its end
463 days
How it ended
Ended once the agency acted
From the record
idb disp 12 (dismissed: voluntarily)

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 Tenth 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.