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Mandamus decisions / Northern District of Georgia

Belegradek v. Gonzales

Northern District of GeorgiaRichard W. StoryDecided October 18, 2007

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What the decision decided

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Agency USCIS Read by a model
On July 5, 2005, Plaintiffs were fingerprinted, and on July 13, 2006, Plaintiffs were interviewed by the United States Citizenship and Immigration Service ("USCIS") regarding their applications to adjust status.
Form or filing I-485 (adjustment of status) Read by a model
each Plaintiff filed a Form 1-485 Application to Adjust Status to become a permanent United States resident.
What the suit asked for Decide the application Read by a model
On March 13, 2007, over two years after Plaintiffs filed their applications to adjust status, Plaintiffs initiated this action seeking to compel Defendants to adjudicate those applications.
Motion decided Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim Read by a model
In lieu of filing an answer, Defendants moved to dismiss this action, contending that this Court is without subject matter jurisdiction to entertain Plaintiffs' claims and that Plaintiffs have failed to state a claim.
Disposition Government's motion denied; the case goes on The government's motion (to dismiss, or for summary judgment) was denied, so the case goes on. Counted as the applicant's ruling; a later decision in the case can still go either way. Read by a model
For the foregoing reasons, Defendants' Motion to Dismiss [8] is DENIED.
Prevailing party Applicant Read by a model
For the foregoing reasons, Defendants' Motion to Dismiss [8] is DENIED.
Months pending 24.5 months from the application to the suit; 31.7 months from the application to the court's decision Read by a model
On February 25, 2005, along with filing a Form 1-140 Petition for Alien Worker, each Plaintiff filed a Form 1-485 Application to Adjust Status to become a permanent United States resident.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Section 1252(a)(2)(B) bar rejected Read by a model
Because inaction on a motion for application of adjustment of status is not a statutorily-prescribed discretionary act, as enumerated in § 1252(a)(2)(B)(ii), the Court has jurisdiction to review it.

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 Eleventh 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 14, 2026. Check the current status before relying on one.