Mandamus decisions / District of New Jersey

GONZALEZ MERINO v. BENZEL

District of New JerseySusan D. WigentonDecided September 16, 2026No. 2:26-cv-10931

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 Court has no authority pursuant to § 2241 to compel USCIS to decide the I- 290B request because the I-290B request does not concern the fact or duration of Petitioner’s detention.
Form or filing I-290B Read by a model
Petitioner argues that USCIS violated the Administrative Procedure Act and her due process rights when it “unreasonably delayed” resolution of her I-290B request seeking reconsideration of the denial of her Form I-485.
What the suit asked for Some other action Read by a model
This Court has no authority pursuant to § 2241 to compel USCIS to decide the I- 290B request because the I-290B request does not concern the fact or duration of Petitioner’s detention.
Kind of order A ruling on a motion or the petition Read by a model
This Court will dismiss the Second Petition for lack of jurisdiction. The motion for an order to show cause will be denied.
Motion decided None Read by a model
Whose motion The plaintiff's motion Read by a model
Presently before this Court is the second petition for writ of habeas corpus under 28 U.S.C. § 2241 (“Second Petition”) by Petitioner Celiflora Gonzalez Merino
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
This Court will dismiss the Second Petition for lack of jurisdiction.
Prevailing party Government Read by a model
This Court will dismiss the Second Petition for lack of jurisdiction.
The delay claim Dismissed Read by a model
This Court will dismiss the Second Petition for lack of jurisdiction.
The other claims Dismissed Read by a model
This Court also lacks jurisdiction to stay Petitioner’s removal.
Months pending Not stated Read by a model
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings None Read by a model
Nationality Mexico Read by a model
Petitioner is a citizen of Mexico who has lived in the United States since 1994.

How the case ended

Docket
No. 2:26-cv-10931
Filed
August 25, 2026
Ended
September 16, 2026
Suit's filing to its end
22 days
How it ended
Ended, outcome not recorded
From the record
terminated; no disposition recorded

A voluntary or stipulated dismissal is how most suits end once the agency acts; the docket rarely says why.

Supreme Court and Third 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.