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Mandamus decisions / District of Massachusetts

Muniz v. Miller

District of MassachusettsDenise Jefferson CasperDecided February 14, 2024

Read the decisionOriginal on CourtListener

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What the decision decided

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Agency USCIS Read by a model
USCIS assigned Plaintiffs’ Waiver Applications to the Nebraska Service Center, which, as of the filing of the complaints here, has an estimated processing time of thirty-eight months.
Form or filing I-601A (provisional waiver) Read by a model
their I-601A Waiver Applications (“Waiver Applications”)
What the suit asked for Decide the application Read by a model
Against USCIS, Plaintiffs seek an issuance of a writ of mandamus to compel the agency to adjudicate their I-601A Waiver Applications
Kind of order A ruling on a motion or the petition Read by a model
For the reasons stated below, the Court ALLOWS the motion.
Motion decided Motion to dismiss for lack of jurisdiction Read by a model
For all of these reasons, the Court concludes that it lacks subject matter jurisdiction to review USCIS’s delay in adjudication of the Waiver Applications,1 and the Court dismisses the claims against the USCIS defendants on this basis.2
Whose motion The government's motion Read by a model
Both USCIS and the Department of State have moved to dismiss.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
For the foregoing reasons, the Court ALLOWS Defendants’ motion to dismiss, D. 12, dismissing the claim against the Department of State without prejudice and dismissing the claims against USCIS with prejudice.
Prevailing party Government Read by a model
For the foregoing reasons, the Court ALLOWS Defendants’ motion to dismiss, D. 12, dismissing the claim against the Department of State without prejudice and dismissing the claims against USCIS with prejudice.
The delay claim Dismissed Read by a model
For the foregoing reasons, the Court ALLOWS Defendants’ motion to dismiss, D. 12, dismissing the claim against the Department of State without prejudice and dismissing the claims against USCIS with prejudice.
Months pending 33.7 months from the application to the suit; 42.8 months from the application to the court's decision Read by a model
Ms. Muniz submitted her Waiver Application on July 21, 2020
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings None Read by a model
Nationality Brazil Read by a model
Plaintiffs, a married couple, are citizens of Brazil

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 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 3, 2026. Check the current status before relying on one.