Mandamus decisions / Northern District of Illinois

Sabo v. Mayorkas

Northern District of IllinoisRebecca R. PallmeyerDecided June 5, 2024No. 1:23-cv-02189

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
After Sabo filed this case in federal court, USCIS took action: it denied her I-751 petition, began removal proceedings against her, and issued requests for evidence pertaining to her two pending I-130 petitions.
Form or filing I-130 (relative petition); I-751 (removal of conditions) Read by a model
More than a year later, in October 2020, Ms. Sabo filed I-130 petitions on behalf of her two children, both of whom were minors.
What the suit asked for Decide the application Read by a model
The relief Ms. Sabo requests is that USCIS “adjudicate [her] Forms I-130,” and—perhaps prompted by her complaint—USCIS has now started doing so.
Kind of order A ruling on a motion or the petition Read by a model
Defendants now move to dismiss Ms. Sabo’s complaint [13], and, for the reasons discussed below, the motion is granted.
Motion decided Motion to dismiss for lack of jurisdiction Read by a model
Defendants now move to dismiss Ms. Sabo’s complaint [13], and, for the reasons discussed below, the motion is granted.
Whose motion The government's motion Read by a model
Defendants now move to dismiss Ms. Sabo’s complaint [13]
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
For the reasons discussed below, the court determines that Plaintiff’s claims related to both her I-751 and I-130 petitions are moot and grants the motion.
Prevailing party Government Read by a model
For the reasons discussed below, the court determines that Plaintiff’s claims related to both her I-751 and I-130 petitions are moot and grants the motion.
The delay claim Moot: the agency acted Read by a model
For the reasons discussed below, the court determines that Plaintiff’s claims related to both her I-751 and I-130 petitions are moot and grants the motion.
The other claims Dismissed Read by a model
Defendants now move to dismiss Ms. Sabo’s complaint [13], and, for the reasons discussed below, the motion is granted.
Months pending 29.7 months from the application to the suit; 54.6 months from the application to the agency's action Read by a model
Nonetheless, on August 18, 2023, USCIS denied her I-751 petition, claiming that her marriage was not bona fide and reviewing evidence USCIS relied on for that conclusion.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Held moot; APA adequate-remedy bar applied (mandamus claim fails) Read by a model
For the reasons discussed below, the court determines that Plaintiff’s claims related to both her I-751 and I-130 petitions are moot and grants the motion.
Nationality Romania Read by a model
Emese Sabo, a Romanian citizen
I-130 category Family preference Read by a model
After receiving conditional permanent resident status in the United States, Emese Sabo, a Romanian citizen, filed an I-751 Petition to Remove Conditions on Residence, as well as two I- 130 Petitions for Alien Relative on behalf of her two sons.

How the case ended

Docket
No. 1:23-cv-02189
Filed
April 7, 2023
Ended
June 5, 2024
Suit's filing to its end
425 days
How it ended
Ended once the agency acted
From the record
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 Seventh 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.