Mandamus decisions / District of Utah

Ahmad v. Noem

District of UtahDaphne A. ObergDecided March 27, 2025No. 2:24-cv-00083

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
Here, Mr. Ahmad’s waiver application was denied by USCIS at the first step of this process; USCIS did not forward his application to the Department of State.
Form or filing I-612 Read by a model
Mr. Ahmad applied for a waiver of the two-year foreign residence requirement in August 2022 by submitting a Form I-612 to the USCIS California Service Center.
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 all these reasons, Defendants’ motion to dismiss154 is granted, and this action is dismissed without prejudice for lack of subject-matter jurisdiction.
Motion decided Motion to dismiss for lack of jurisdiction Read by a model
Defs.’ Mot. to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(1) and Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6)
Whose motion The government's motion Read by a model
Defendants filed a motion to dismiss the complaint for lack of jurisdiction and failure to state a claim.22
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
For all these reasons, Defendants’ motion to dismiss154 is granted, and this action is dismissed without prejudice for lack of subject-matter jurisdiction.
Prevailing party Government Read by a model
For all these reasons, Defendants’ motion to dismiss154 is granted, and this action is dismissed without prejudice for lack of subject-matter jurisdiction.
The other claims Dismissed Read by a model
For all these reasons, Defendants’ motion to dismiss154 is granted, and this action is dismissed without prejudice for lack of subject-matter jurisdiction.
Months pending 15 months from the application to the agency's action Read by a model
USCIS denied Mr. Ahmad’s waiver application in November 2023, finding he failed to establish he would be persecuted upon return to Jordan.17
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Section 1252(a)(2)(B) bar applied Read by a model
And where § 1252(a)(2)(B)(ii) bars review of USCIS’s denial of Mr. Ahmad’s waiver application (as explained below), Defendants’ second argument need not be addressed.
Nationality Jordan Read by a model
Mr. Ahmad, a citizen of Jordan, entered the United States on a J-1 student visa in 2014.10

How the case ended

Docket
No. 2:24-cv-00083
Filed
January 30, 2024
Ended
March 27, 2025
Suit's filing to its end
422 days
How it ended
Dismissed on jurisdiction or the merits
From the record
idb disp 3 (dismissed: lack of jurisdiction)

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 Tenth 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.