Passim

Mandamus decisions / Southern District of New York

Belegrinos v. United States

Southern District of New YorkJ. Paul OetkenDecided May 6, 2019

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What the decision decided

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Agency Department of State Read by a model
His Amended Complaint may also be construed liberally as seeking an order that the State Department issue him a CLN.
Form or filing DS-4079; DS-4081 Read by a model
“Request for Determination of Possible Loss of United States Citizenship” (“Form DS-4079”)
What the suit asked for Some other action Read by a model
His Amended Complaint may also be construed liberally as seeking an order that the State Department issue him a CLN.
Kind of order A ruling on a motion or the petition Read by a model
For the foregoing reasons, the Government’s motion to dismiss is GRANTED.
Motion decided Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim Read by a model
Thereafter, the Government filed a new motion to dismiss the Amended Complaint for lack of subject-matter jurisdiction and for failure to state a claim.
Whose motion The government's motion Read by a model
The Government has moved to dismiss Belegrinos’s operative Amended Complaint.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
For the foregoing reasons, the Government’s motion to dismiss is GRANTED.
Prevailing party Government Read by a model
For the foregoing reasons, the Government’s motion to dismiss is GRANTED.
The delay claim Dismissed Read by a model
Belegrinos’s claims under the Mandamus Act or 5 U.S.C. § 706(1) must be dismissed for the same reasons discussed in the relevant sections.
The other claims Dismissed Read by a model
For the foregoing reasons, the Government’s motion to dismiss is GRANTED.
Months pending 44 months from the application to the suit; 58.2 months from the application to the court's decision Read by a model
In early 2014, Belegrinos, through his counsel Robinson Iglesias, requested a certificate of loss of nationality (“CLN”) from the United States Department of State (“State Department”).
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings None Read by a model
Nationality United States Read by a model
Belegrinos is a citizen of the United States by birth.

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 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.