Mandamus decisions / District of Arizona

Silva v. Kramar

District of ArizonaKrissa M LanhamDecided August 24, 2026No. 2:26-cv-00185

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
Plaintiffs Marinne Silva and Juan Pablo Ramirez-Becerra believe USCIS has 16 unlawfully delayed resolving an immigration petition.
Form or filing I-130 (relative petition) Read by a model
On July 26, 2024, Silva filed a Form I-130 Petition for Alien Relative
What the suit asked for Decide the application Read by a model
Plaintiffs Marinne Silva and Juan Pablo Ramirez-Becerra believe USCIS has 16 unlawfully delayed resolving an immigration petition.
Kind of order A ruling on a motion or the petition Read by a model
IT IS FURTHER ORDERED the Motion to Dismiss (Doc. 9) is GRANTED. The 20 amended complaint (Doc. 7) is DISMISSED.
Motion decided Other motion to dismiss; Preliminary injunction or TRO Read by a model
IT IS ORDERED the motion for temporary restraining order and preliminary 18 injunction (Doc. 2) is DENIED. 19 IT IS FURTHER ORDERED the Motion to Dismiss (Doc. 9) is GRANTED.
Whose motion Cross-motions Read by a model
IT IS ORDERED the motion for temporary restraining order and preliminary 18 injunction (Doc. 2) is DENIED. 19 IT IS FURTHER ORDERED the Motion to Dismiss (Doc. 9) is GRANTED.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
The 20 amended complaint (Doc. 7) is DISMISSED.
Prevailing party Government Read by a model
The Clerk of Court shall enter judgment in 21 favor of defendants and close this case.
The delay claim Dismissed Read by a model
IT IS FURTHER ORDERED the Motion to Dismiss (Doc. 9) is GRANTED. The 20 amended complaint (Doc. 7) is DISMISSED.
The other claims Dismissed Read by a model
plaintiffs do not cite any 10 requirement that their petition be adjudicated “within a specified time,” so their due process 11 claim fails too.
Months pending 17.7 months from the application to the suit; 24.9 months from the application to the court's decision Read by a model
On July 26, 2024, Silva filed a Form I-130 Petition for Alien Relative on behalf of 19 her husband, Ramirez-Becerra.
TRAC factors The court weighed the TRAC factors
  • 1. Rule of reasonfavors the government
  • 2. Congressional timetablefavors the government
  • 3. Human health and welfarefavors the applicant
  • 4. Competing prioritiesfavors the government
  • 5. Interests prejudicedfavors the applicant
  • 6. No impropriety neededfavors the government
Read by a model
Neither factor favors plaintiffs here
The government's delay arguments First-in, first-out processing accepted; Line-jumping accepted Read by a model
USCIS’s ‘first in, first out’ policy for adjudicating immigration applications like 7 Plaintiff’s qualifies as a ‘rule of reason,’ thus satisfying the first TRAC factor.
Threshold rulings None Read by a model

Other orders in this case

The group holds 2 decisions from this suit, oldest first. Outcome counts on these pages count the case once, by its latest decision, this one. How decisions are grouped into cases.

DecisionDecidedJudgeDisposition
Silva v. Kramar January 15, 2026 Krissa M Lanham Denied in the government's favor
Silva v. KramarThis decisionThe case's latest decision: its outcome is the one counted August 24, 2026 Krissa M Lanham Dismissed

How the case ended

Docket
No. 2:26-cv-00185
Filed
January 12, 2026
Ended
August 24, 2026
Suit's filing to its end
224 days
How it ended
Dismissed on jurisdiction or the merits
From the record
judgment 2026-08-24 for the defendants, ground not stated

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 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.