Passim

Mandamus decisions / District of Nevada

Garcia Morao v. Noem

District of NevadaMiranda M. DuDecided January 27, 2026No. 2:25-cv-02588

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
However, Morao can only seek adjustment of status through a process established by Respondent United States Citizenship and Immigration Services (USCIS), who has exclusive jurisdiction to adjudicate applications for adjustment of status.
Form or filing I-485 (adjustment of status) Read by a model
Morao is married to a United States citizen and submitted a Form I-485 for adjustment of status that remains pending.
What the suit asked for Decide the application Read by a model
[i]ssue mandamus or APA relief requiring USCIS to adjudicate Morao’s pending application within a reasonable period—approve or deny—without dictating the outcome.
Kind of order A ruling on a motion or the petition Read by a model
It is therefore ordered that the petition for writ of habeas corpus (ECF No. 1) is denied.
Motion decided None Read by a model
Whose motion The plaintiff's motion Read by a model
Petitioner Antonio Alejandro Garcia Morao filed a Verified Petition for Writ of Habeas Corpus (ECF No. 1 (“Petition”)) under 28 U.S.C. § 2241.
Disposition Denied in the government's favor The principal motion was denied in full: a motion to dismiss denied so the case goes on, or relief denied on the merits. Read by a model
It is therefore ordered that the petition for writ of habeas corpus (ECF No. 1) is denied.
Prevailing party Government Read by a model
It is therefore ordered that the petition for writ of habeas corpus (ECF No. 1) is denied.
The delay claim Relief denied Read by a model
requested relief is not proper relief under section 2241. Accordingly, the Court denies relief as to the second claim.
The other claims Relief denied Read by a model
In sum, the Court denies relief as to Morao’s due process claim.
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 Venezuela Read by a model
Morao is a Venezuelan national currently detained at the Nevada Southern Detention Facility in Pahrump, Nevada.

How the case ended

Docket
No. 2:25-cv-02588
Filed
December 23, 2025
Ended
January 27, 2026
Suit's filing to its end
35 days
How it ended
Dismissed on jurisdiction or the merits
From the record
idb disp 17 (judgment: other), judgment for defendant

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

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.