Passim

Mandamus decisions / Southern District of New York

Cheng v. Garland

Southern District of New YorkJennifer L. RochonDecided December 6, 2024

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
Plaintiff filed a Form I-589, Application for Asylum, with USCIS on August 21, 2020.
Form or filing I-589 (asylum) Read by a model
Plaintiff filed a Form I-589, Application for Asylum, with USCIS on August 21, 2020.
What the suit asked for Decide the asylum application Read by a model
Plaintiff seeks to compel adjudication of her asylum application under the APA because of an unreasonable delay.
Kind of order A ruling on a motion or the petition Read by a model
For the reasons set forth above, the Defendants’ motion to dismiss is GRANTED.
Motion decided Motion to dismiss for failure to state a claim Read by a model
The Court thus grants the Defendants’ motion to dismiss Plaintiff’s APA claim under Rule 12(b)(6).
Whose motion The government's motion Read by a model
For the reasons set forth above, the Defendants’ motion to dismiss is GRANTED.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
The Court thus grants the Defendants’ motion to dismiss Plaintiff’s APA claim under Rule 12(b)(6).
Prevailing party Government Read by a model
The Court thus grants the Defendants’ motion to dismiss Plaintiff’s APA claim under Rule 12(b)(6).
The delay claim Dismissed Read by a model
The Court thus grants the Defendants’ motion to dismiss Plaintiff’s APA claim under Rule 12(b)(6).
Months pending 44.5 months from the application to the suit; 51.5 months from the application to the court's decision Read by a model
Plaintiff filed a Form I-589, Application for Asylum, with USCIS on August 21, 2020.
TRAC factors The court weighed the TRAC factors
  • 1. Rule of reasonfavors the government
  • 2. Congressional timetablefavors the applicant
  • 3. Human health and welfarefavors the applicant
  • 4. Competing prioritiesfavors the government
  • 5. Interests prejudicedfavors the applicant
  • 6. No impropriety neededneutral
Read by a model
Accordingly, the first TRAC factor weighs in favor of the Government.
The government's delay arguments First-in, first-out processing accepted; Line-jumping accepted Read by a model
The Court finds the analyses of these courts persuasive and agrees with them. Accordingly, the first TRAC factor weighs in favor of the Government.
Threshold rulings None Read by a model
Nationality China Read by a model
Cheng, a citizen of China, was admitted to the United States on a B2 nonimmigrant visa on July 27, 2019.

How the case ended

This decision is not linked to a docket in the docket record yet, so how the case ended is not shown.

Supreme Court and Second 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.