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Mandamus decisions / District of Columbia

Chang v. Immigrant Investor Program Office

District of ColumbiaTREVOR N. McFADDENDecided July 11, 2024No. 1:23-cv-03180

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
Plaintiff Liang Yu Tseng has waited 55 months for U.S. Citizenship and Immigration Services (USCIS) to render a decision on her I-526 immigrant investor petition.
Form or filing I-526 (investor petition) Read by a model
She filed an I-526 Petition for an immigrant investor visa in November 2019.
What the suit asked for Decide the application Read by a model
Plaintiff Liang Yu Tseng has waited 55 months for U.S. Citizenship and Immigration Services (USCIS) to render a decision on her I-526 immigrant investor petition.
Kind of order A ruling on a motion or the petition Read by a model
Finding that USCIS’s delay does not yet qualify as unreasonable, the Court will dismiss the Complaint.
Motion decided Motion to dismiss for failure to state a claim Read by a model
The Government moves to dismiss the Complaint under Federal Rule of Civil Procedure 12(b)(6).
Whose motion The government's motion Read by a model
The Government moves 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
Until then, though, the Court must dismiss Plaintiff’s Complaint.
Prevailing party Government Read by a model
The Court therefore concludes that she has failed to make out a plausible claim of unreasonable delay, and it thus must dismiss both her claims.
The delay claim Dismissed Read by a model
The Court therefore concludes that she has failed to make out a plausible claim of unreasonable delay, and it thus must dismiss both her claims.
Months pending 55.9 months from the application to the court's decision Read by a model
She filed an I-526 Petition for an immigrant investor visa in November 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 neededfavors the government
Read by a model
So the first two factors support the agency.
The government's delay arguments First-in, first-out processing accepted; Line-jumping accepted Read by a model
After all, a first-in, first-out rule for addressing applications does not commit USCIS to a first-in, first-out rule for resolving them; the details of each individual application will dictate the speed of resolution.
Threshold rulings None Read by a model
Nationality Taiwan Read by a model
Liang Yu Tseng is a Taiwanese citizen and resident.

How the case ended

Docket
No. 1:23-cv-03180
Filed
October 24, 2023
Ended
July 11, 2024
Suit's filing to its end
261 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 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.