Passim

Mandamus decisions / Eastern District of New York

Long v. Garland

Eastern District of New YorkEric R. KomiteeDecided October 19, 2023No. 1:22-cv-06652

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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 Guanghua Long commenced this action in November, 2022, seeking to compel the U.S. Citizenship and Immigration Services (“USCIS”) agency to adjudicate his I-589 application for asylum and for withholding of removal.
Form or filing I-589 (asylum) Read by a model
In February 2016, Plaintiff filed an I-589 application for asylum.
What the suit asked for Decide the asylum application Read by a model
seeking to compel the U.S. Citizenship and Immigration Services (“USCIS”) agency to adjudicate his I-589 application for asylum and for withholding of removal.
Kind of order A ruling on a motion or the petition Read by a model
For the foregoing reasons, Plaintiff’s complaint is dismissed without prejudice for lack of subject matter jurisdiction.
Motion decided None Read by a model
Whose motion The court on its own Read by a model
On July 28, 2023, I issued an Order to Show Cause by Plaintiff as to why his Complaint should not be dismissed as moot on or before August 30, 2023.
Disposition Dismissed as moot Dismissed or denied as moot because the agency acted. Read by a model
Because USCIS has acted in response to Plaintiff’s I-589 application, this action is dismissed as moot.
Prevailing party Neither side Read by a model
Because USCIS has acted in response to Plaintiff’s I-589 application, this action is dismissed as moot.
The delay claim Moot: the agency acted Read by a model
Because USCIS has acted in response to Plaintiff’s I-589 application, this action is dismissed as moot.
Months pending 81 months from the application to the suit; 80.3 months from the application to the agency's action Read by a model
On October 26, 2022, however, USCIS initiated adjudication of Plaintiff’s application by extending him an interview notice.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Held moot Read by a model
By issuing the interview notice – and additionally notifying Plaintiff of his deadline to reschedule the interview he missed – the agency has initiated action and Plaintiff’s claim is moot.
Nationality China Read by a model
Plaintiff is a Chinese national who entered the United States in 2015 with a B2 visitor visa.

How the case ended

Docket
No. 1:22-cv-06652
Filed
November 1, 2022
Ended
October 26, 2023
Suit's filing to its end
359 days
How it ended
Ended once the agency acted
From the record
idb disp 3 (dismissed: lack of jurisdiction)

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 Second 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.