Mandamus decisions / District of Massachusetts

Bhujel v. Nielson

District of MassachusettsLeo Theodore SorokinDecided March 13, 2020No. 1:18-cv-12644

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What the decision decided

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Agency USCIS Read by a model
Bhujel reapplied for an adjustment to LPR status in March 2018, but USCIS denied his request on September 10, 2018.
Form or filing I-485 (adjustment of status) Read by a model
On January 5, 2017, after USCIS approved his employer’s “Immigrant Petition for Alien Worker,” Bhujel applied for an adjustment to LPR status.
What the suit asked for Not recorded Read by a model
Kind of order A ruling on a motion or the petition Read by a model
For the reasons that follow, both motions are ALLOWED in part and DENIED in part.
Motion decided Motion to dismiss for failure to state a claim; Summary judgment Read by a model
Accordingly, the defendants’ motion to dismiss and for summary judgment (Doc. No. 11) is ALLOWED in part and DENIED in part, and Bhujel’s motion for summary judgment (Doc. No. 16) is ALLOWED in part and DENIED in part.
Whose motion Cross-motions Read by a model
Pending before the Court are the defendants’ motion to dismiss and for summary judgment, Doc. No. 11, and Bhujel’s cross-motion for summary judgment, Doc. No. 16.
Disposition Dismissed in part; some claims go on The government's motion to dismiss was granted in part: some claims were dismissed and others go on. Read by a model
Prevailing party Each side in part Read by a model
The other claims Some dismissed, some go on Read by a model
Count One is DISMISSED. As to Bhujel’s APA claim (Count Two in his Complaint, Doc. No. 1 ¶¶ 40-47), the defendants’ motion is DENIED, Bhujel’s motion is ALLOWED, and the matter is REMANDED to the agency for further proceedings consistent with this Order.
Months pending 23.7 months from the application to the suit; 20.1 months from the application to the agency's action Read by a model
Bhujel reapplied for an adjustment to LPR status in March 2018, but USCIS denied his request on September 10, 2018.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings APA adequate-remedy bar applied (mandamus claim fails) Read by a model
In this case, as explained in the preceding discussion, the APA provides Bhujel an adequate remedy
Nationality Nepal Read by a model
Gyan Bahadur Bhujel, a citizen of Nepal

How the case ended

Docket
No. 1:18-cv-12644
Filed
December 27, 2018
Ended
March 13, 2020
Suit's filing to its end
442 days
How it ended
Remanded to the agency
From the record
idb disp 11 (remanded to U.S. agency)

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 First 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.