Mandamus decisions / District of Columbia

Telles v. Kendall

District of ColumbiaTimothy J. KellyDecided July 13, 2022No. 1:21-cv-00395

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
In response to a status inquiry, USCIS told him in May 2020 that his application “was ‘in queue to be assigned to an Officer.’”
Form or filing I-526 (investor petition) Read by a model
He made that investment and, in January 2019, filed a Form I-526 petition.
What the suit asked for Decide the application Read by a model
In February 2021, Telles sued the Secretary of Homeland Security and related government officials, seeking mandamus relief compelling them to adjudicate his Form I-526 petition.
Kind of order A ruling on a motion or the petition Read by a model
For all these reasons, the Court will grant Defendants’ motion to dismiss.
Motion decided Motion to dismiss for failure to state a claim Read by a model
Defendants moved to dismiss for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6).
Whose motion The government's motion Read by a model
Defendants moved to dismiss the action under Federal Rule of Civil Procedure 12(b)(6).
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
For all these reasons, the Court will grant Defendants’ motion to dismiss.
Prevailing party Government Read by a model
For all these reasons, the Court will grant Defendants’ motion to dismiss.
The delay claim Dismissed Read by a model
For all these reasons, the Court will grant Defendants’ motion to dismiss.
Months pending 25 months from the application to the suit; 41.9 months from the application to the court's decision Read by a model
He made that investment and, in January 2019, filed a Form I-526 petition.
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
In short, based on the facts alleged and information of which the Court may take judicial notice, the first factor weighs in Defendants’ favor.
The government's delay arguments First-in, first-out processing accepted; Line-jumping accepted Read by a model
This process is reasonable. A “first-in, first-out method” is generally treated as a “rule of reason.”
Threshold rulings None Read by a model
Nationality Brazil Read by a model
Telles is a citizen of Brazil and Belgium and resident of the United Kingdom.

How the case ended

Docket
No. 1:21-cv-00395
Filed
February 12, 2021
Ended
July 13, 2022
Suit's filing to its end
516 days
How it ended
Dismissed on jurisdiction or the merits
From the record
order 2022-07-13 for the defendants, ground not stated

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 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.