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Mandamus decisions / Southern District of California

Garcia v. Maxim

Southern District of CaliforniaRoger T. BenitezDecided June 28, 2021

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
At issue here is USCIS’ alleged failure to adjudicate Plaintiffs’ I-130 petition.
Form or filing I-130 (relative petition) Read by a model
Form I-130, Petition for Alien Relative, the application 20 underlying this Complaint.
What the suit asked for Decide the application Read by a model
USCIS to adjudicate Plaintiffs’ I-130 Petition within sixty days
Kind of order A ruling on a motion or the petition Read by a model
The Court GRANTS Defendants’ Motion to Dismiss for lack of subject matter 6 jurisdiction.
Motion decided Motion to dismiss for lack of jurisdiction Read by a model
The Court GRANTS Defendants’ Motion to Dismiss for lack of subject matter 6 jurisdiction.
Whose motion The government's motion Read by a model
Defendants filed a motion to dismiss.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
The Complaint is DISMISSED WITHOUT PREJUDICE.
Prevailing party Government Read by a model
The Court GRANTS Defendants’ Motion to Dismiss for lack of subject matter 6 jurisdiction.
The delay claim Dismissed Read by a model
The Court GRANTS Defendants’ Motion to Dismiss for lack of subject matter 6 jurisdiction. ECF No. 8. The Complaint is DISMISSED WITHOUT PREJUDICE.
The other claims Dismissed Read by a model
The Complaint is DISMISSED WITHOUT PREJUDICE.
Months pending 14.7 months from the application to the suit; 23.8 months from the application to the court's decision Read by a model
On July 5, 2019, Garcia requested his visa 19 status be adjusted via a Form I-130, Petition for Alien Relative, the application 20 underlying this Complaint.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings None Read by a model
Nationality Turkey Read by a model
Umut Kocer 7 is a Turkish citizen.
I-130 category Immediate relative Read by a model
A 2 non-citizen spouse of a United States citizen may obtain lawful permanent residence 3 status if the citizen files a Form I-130 on behalf of the non-citizen beneficiary to classify 4 [him] as an ‘immediate relative.’

How the case ended

This decision is not linked to a docket in the docket record yet, so how the case ended is not shown.

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.