Passim

Mandamus decisions / District of Nebraska

Padilla Ramirez v. Director, U.S. Citizenship and Immigration Services

District of NebraskaRobert F. Rossiter Jr.Decided June 11, 2025No. 8:25-cv-00137

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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
In particular, she complains the USCIS has failed to issue a bona fide determination and employment authorization document that would allow her to work while her U-visa application is pending.
Form or filing I-765 (EAD); I-918 (U visa) Read by a model
On November 20, 2024, she filed an I-918 Petition for U Nonimmigrant Status and a Form I-765 Application for Employment Authorization with United States Citizenship and Immigration Services (“USCIS”).
What the suit asked for Issue a work permit Read by a model
In particular, she complains the USCIS has failed to issue a bona fide determination and employment authorization document that would allow her to work while her U-visa application is pending.
Kind of order A ruling on a motion or the petition Read by a model
The Director of United States Citizenship and Immigration Services’s Motion to Dismiss (Filing No. 8) pursuant to Federal Rule of Civil Procedure 12(b)(1) is granted.
Motion decided Motion to dismiss for lack of jurisdiction; Summary judgment Read by a model
Now before the Court is the USCIS Director’s (the “Director”) Motion to Dismiss (Filing No. 8) Padilla Ramirez’s complaint for lack of subject-matter jurisdiction. See Fed. R. Civ. P. 12(b)(1).
Whose motion Cross-motions Read by a model
Citizenship and Immigration Services’s Motion to Dismiss (Filing No. 8) pursuant to Federal Rule of Civil Procedure 12(b)(1) is granted. Plaintiff Cecilia Daniela Padilla Ramirez’s complaint (Filing No. 1) is dismissed without prejudice. Padilla Ramirez’s Motion for Partial Summary Judgment
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
Plaintiff Cecilia Daniela Padilla Ramirez’s complaint (Filing No. 1) is dismissed without prejudice.
Prevailing party Government Read by a model
The Director of United States Citizenship and Immigration Services’s Motion to Dismiss (Filing No. 8) pursuant to Federal Rule of Civil Procedure 12(b)(1) is granted.
The delay claim Dismissed Read by a model
Plaintiff Cecilia Daniela Padilla Ramirez’s complaint (Filing No. 1) is dismissed without prejudice.
Months pending 6.7 months from the application to the court's decision Read by a model
On November 20, 2024, she filed an I-918 Petition for U Nonimmigrant Status and a Form I-765 Application for Employment Authorization
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
the Court agrees with the Director that 8 U.S.C. § 1252(a)(2)(B)(ii) bars judicial review of Padilla Ramirez’s claim.
U visa claims Bona fide determination: dismissed under 1252(a)(2)(b); Work permit: dismissed under 1252(a)(2)(b) Read by a model
the Court agrees with the Director that 8 U.S.C. § 1252(a)(2)(B)(ii) bars judicial review of Padilla Ramirez’s claim.
Nationality Mexico Read by a model
Plaintiff Cecilia Daniela Padilla Ramirez (“Padilla Ramirez”) is a Mexican national

How the case ended

Docket
No. 8:25-cv-00137
Filed
February 25, 2025
Ended
June 11, 2025
Suit's filing to its end
106 days
How it ended
Dismissed on jurisdiction or the merits
From the record
idb disp 6 (judgment: motion before trial), judgment for defendant

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 Eighth 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.