Mandamus decisions / District of Columbia

Bega v. Jaddou

District of ColumbiaBeryl A. HowellDecided December 2, 2022No. 1:22-cv-02171

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 thereafter filed separate Forms I-526 between April and November of 2019, id. ¶ 37, and now complain that USCIS has taken no action on any of their I-526 petitions over the last three years.
Form or filing I-526 (investor petition) Read by a model
Plaintiffs thereafter filed separate Forms I-526 between April and November of 2019
What the suit asked for Decide the application Read by a model
to compel the Director of the U.S. Citizenship and Immigration Services (“USCIS”), acting in her official capacity, to adjudicate their I-526 petitions
Kind of order A ruling on a motion or the petition Read by a model
For the foregoing reasons, defendant’s motion to dismiss is granted.
Motion decided Motion to dismiss for failure to state a claim Read by a model
USCIS moved to dismiss the complaint, under Federal Rule of Civil Procedure 12(b)(6), for failure to allege a plausible claim
Whose motion The government's motion Read by a model
USCIS moved to dismiss the complaint, 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 the reasons set forth below, the complaint is dismissed.
Prevailing party Government Read by a model
For the foregoing reasons, defendant’s motion to dismiss is granted.
The delay claim Dismissed Read by a model
For the foregoing reasons, defendant’s motion to dismiss is granted.
Months pending 36.7 months from the application to the suit; 41.1 months from the application to the court's decision Read by a model
Plaintiffs’ petitions were filed in 2019
TRAC factors The court weighed the TRAC factors
  • 1. Rule of reasonfavors the government
  • 2. Congressional timetablefavors the government
  • 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
The first and second TRAC factors weigh in defendant’s favor.
The government's delay arguments First-in, first-out processing accepted; Line-jumping accepted Read by a model
As previously discussed, USCIS’s Visa Availability approach runs concurrently with their “first in first out” rule and thus does place petitioners, such as plaintiffs, in an adjudication queue:
Threshold rulings None Read by a model
Nationality South Africa Read by a model
who, as citizens of South Africa,

How the case ended

Docket
No. 1:22-cv-02171
Filed
July 23, 2022
Ended
December 2, 2022
Suit's filing to its end
132 days
How it ended
Dismissed, ground not recorded
From the record
idb disp 14 (dismissed: other)

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.