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Mandamus decisions / District of Columbia

Abbas v. United States Department of Homeland Security

District of ColumbiaCarl J. NicholsDecided August 29, 2021

Read the decisionOriginal on CourtListener

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What the decision decided

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Agency USCIS Read by a model
USCIS finally approved Abbas’s Form I-130 on December 4, 2020.
Form or filing DS-260 (immigrant visa); I-130 (relative petition) Read by a model
Her suit sought a writ of mandamus compelling the government to adjudicate both her I-130 Petition as well as Mehdi’s immigrant visa application.
What the suit asked for Decide the application Read by a model
Her suit sought a writ of mandamus compelling the government to adjudicate both her I-130 Petition as well as Mehdi’s immigrant visa application.
Kind of order A ruling on a motion or the petition Read by a model
For the reasons discussed above, it is hereby ORDERED that Defendants’ Motion to Dismiss, ECF No. 6, is GRANTED.
Motion decided Motion to dismiss for lack of jurisdiction Read by a model
On January 12, 2021, the same day the NVC requested that Mehdi submit his visa application materials, the government moved to dismiss this action for lack of jurisdiction.
Whose motion The government's motion Read by a model
For the reasons discussed above, it is hereby ORDERED that Defendants’ Motion to Dismiss, ECF No. 6, is GRANTED.
Disposition Dismissed as moot Dismissed or denied as moot because the agency acted. Read by a model
Here, Abbas’s claims vis-avis her Form I-130 are indeed moot in light of the government’s approval on December 4, 2020.
Prevailing party Government Read by a model
For the reasons discussed above, it is hereby ORDERED that Defendants’ Motion to Dismiss, ECF No. 6, is GRANTED.
The delay claim Dismissed Read by a model
Abbas’s current Complaint (but not this case) is therefore dismissed without prejudice.
The other claims Dismissed Read by a model
ORDERED that Plaintiff’s Compliant, ECF No. 1, is DISMISSED without prejudice.
Months pending 17.1 months from the application to the suit The agency acted before this decision, so the months up to the decision are not a delay and are not shown. Read by a model
in May 2019. Pl.’s Opp’n. to Def.’s Mot. to Dismiss (“Pl.’s Opp’n”) at 2, ECF No. 8. The next month Abbas filed with the United States Customs and Immigration Services (USCIS) an I-130 Petition for Alien Relative (“Form I-130”) on Mehdi’s behalf.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Held moot Read by a model
Here, Abbas’s claims vis-avis her Form I-130 are indeed moot in light of the government’s approval on December 4, 2020.
Nationality India Read by a model
Danish Mehdi, an Indian citizen living in Saudi Arabia
I-130 category Immediate relative Read by a model
Shams Abbas, a United States citizen residing in Massachusetts, married Danish Mehdi, an Indian citizen living in Saudi Arabia, in May 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 D.C. 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.