Mandamus decisions / Northern District of California

Jain v. Jaddou

Northern District of CaliforniaVirginia K. DeMarchiDecided June 16, 2021No. 5:21-cv-03115

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 seek a preliminary mandatory injunction ordering USCIS to adjudicate plaintiffs’ Form I-526 visa petitions before June 30, 2021.
Form or filing I-526 (investor petition) Read by a model
Plaintiffs seek a preliminary mandatory injunction ordering USCIS to adjudicate plaintiffs’ Form I-526 visa petitions before June 30, 2021.
What the suit asked for Decide the application Read by a model
Plaintiffs seek a preliminary mandatory injunction ordering USCIS to adjudicate plaintiffs’ Form I-526 visa petitions before June 30, 2021.
Kind of order A ruling on a motion or the petition Read by a model
For the reasons set forth above, the Court DENIES plaintiffs’ motion for a mandatory preliminary injunction.
Motion decided Preliminary injunction or TRO Read by a model
For the reasons set forth above, the Court DENIES plaintiffs’ motion for a mandatory preliminary injunction.
Whose motion The plaintiff's motion Read by a model
For the reasons set forth above, the Court DENIES plaintiffs’ motion for a mandatory preliminary injunction.
Disposition Denied in the government's favor The principal motion was denied in full: a motion to dismiss denied so the case goes on, or relief denied on the merits. Read by a model
For the reasons set forth above, the Court DENIES plaintiffs’ motion for a mandatory preliminary injunction.
Prevailing party Government Read by a model
For the reasons set forth above, the Court DENIES plaintiffs’ motion for a mandatory preliminary injunction.
The delay claim Relief denied Read by a model
For the reasons set forth above, the Court DENIES plaintiffs’ motion for a mandatory preliminary injunction.
Months pending 23.5 months from the application to the court's decision Read by a model
Each filed a Form I-526 petition in 2019
TRAC factors The court weighed the TRAC factors
  • 1. Rule of reasonfavors the government
  • 2. Congressional timetableneutral
  • 3. Human health and welfarefavors the government
  • 4. Competing prioritiesfavors the government
  • 5. Interests prejudicedfavors the government
  • 6. No impropriety neededneutral
Read by a model
Accordingly, the first TRAC factor weighs in favor of USCIS.
The government's delay arguments First-in, first-out processing accepted; Line-jumping accepted Read by a model
As USCIS observes, “[n]umerous I-526 petitioners have been waiting longer than Plaintiffs, and they have a strong interest in the visa availability approach’s [first-in, first-out] component.” This factor thus weighs against plaintiffs.
Threshold rulings None Read by a model
Nationality India Read by a model
In this case, plaintiffs are nationals of several countries, including India, the Czech Republic, Afghanistan, Canada, and the United Kingdom.

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. How decisions are grouped into cases.

DecisionDecidedJudgeDisposition
Jain v. JaddouThis decision June 16, 2021 Virginia K. DeMarchi Denied in the government's favor
Jain v. JaddouThe case's latest decision: its outcome is the one counted March 31, 2023 Virginia K. DeMarchi Granted in the government's favor

How the case ended

Docket
No. 5:21-cv-03115
Filed
April 28, 2021
Ended
April 3, 2023
Suit's filing to its end
369 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 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.