Passim

Mandamus decisions / District of Minnesota

Giombetti v. Wolf

District of MinnesotaJohn R. TunheimDecided May 11, 2020No. 0:20-cv-00873

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2,917 written decisions from 2,664 cases in the whole mandamus and agency-delay group, the group's newest decided October 30, 2026. Updated November 3, 2026 at 7:07 a.m. CT; the Passim connector counts the live collection, which can differ by the day's additions and retirements (which total to quote). Coverage: of the 1,606 public decisions since January 1, 2025 that a CourtListener and GovInfo search for mandamus and agency delay finds, Passim holds 1,371 (85%), measured November 3, 2026. Some of what that search finds are not mandamus decisions. Tell us about a decision we're missing.

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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
Giombetti alleges that USCIS should have sent the paperwork to NVC automatically, for free, and within six weeks of approval.
Form or filing I-130 (relative petition) Read by a model
In November 2017, as a first step toward adjusting Giombetti’s status and obtaining Legal Permanent Resident status, Plaintiffs submitted a form I-130 Petition for Alien Relative.
What the suit asked for Some other action Read by a model
Giombetti’s initial request for injunctive relief ordering Defendants to send the paperwork.
Kind of order A ruling on a motion or the petition Read by a model
GRANTING IN PART MOTION TO DISMISS AND DENYING INJUNCTIVE RELIEF
Motion decided Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim; Preliminary injunction or TRO Read by a model
GRANTING IN PART MOTION TO DISMISS AND DENYING INJUNCTIVE RELIEF
Whose motion Cross-motions Read by a model
the Court will deny Defendant’s Motion as to those claims. Furthermore, in part because the Court lacks jurisdiction, and in part because Giombetti has not shown imminent irreparable harm, the Court will deny Giombetti’s Motion for Temporary Restraining Order without prejudice.
Disposition Dismissed in part; some claims go on The government's motion to dismiss was granted in part: some claims were dismissed and others go on. Read by a model
However, because neither mootness nor 8 U.S.C. § 1252 bar Giombetti’s claims regarding Defendants’ delay in forwarding Giombetti’s files to NVC, the Court will deny Defendant’s Motion as to those claims.
Prevailing party Each side in part Read by a model
However, because neither mootness nor 8 U.S.C. § 1252 bar Giombetti’s claims regarding Defendants’ delay in forwarding Giombetti’s files to NVC, the Court will deny Defendant’s Motion as to those claims.
The delay claim The delay claim goes on Read by a model
However, because neither mootness nor 8 U.S.C. § 1252 bar Giombetti’s claims regarding Defendants’ delay in forwarding Giombetti’s files to NVC, the Court will deny Defendant’s Motion as to those claims.
The other claims Dismissed Read by a model
Giombetti’s claims relating to the Motion to Recalendar are DISMISSED without prejudice.
Months pending 28.6 months from the application to the suit; 29.8 months from the application to the court's decision Read by a model
In November 2017, as a first step toward adjusting Giombetti’s status and obtaining Legal Permanent Resident status, Plaintiffs submitted a form I-130 Petition for Alien Relative.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Mootness argument rejected Read by a model
Giombetti’s claims as to the delay are not moot, and the Court will deny Defendants’ Motion on this ground.
Nationality Mexico Read by a model
Plaintiff Mayra Giombetti is a citizen of Mexico
I-130 category Immediate relative Read by a model
Plaintiff Mayra Giombetti is a citizen of Mexico who married Plaintiff Thomas Giombetti, a U.S. citizen, in July 2017.

How the case ended

Docket
No. 0:20-cv-00873
Filed
April 3, 2020
Ended
July 2, 2020
Suit's filing to its end
90 days
How it ended
Ended once the agency acted
From the record
idb disp 13 (dismissed: settled)

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.