Passim

Mandamus decisions / Southern District of New York

Balde v. Nielson

Southern District of New YorkPaul A. EngelmayerDecided June 6, 2019No. 1:18-cv-09597

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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
At the time of filing this action, USCIS had not adjudicated Mrs. Balde’s I-130 petition.
Form or filing I-130 (relative petition) Read by a model
The Complaint seeks to compel the Government to adjudicate plaintiffs’ I-130 petition.
What the suit asked for Decide the application Read by a model
The Complaint seeks to compel the Government to adjudicate plaintiffs’ I-130 petition.
Kind of order A ruling on a motion or the petition Read by a model
The Court hereby grants the Government’s motion and dismisses the complaint.
Motion decided Motion to dismiss for lack of jurisdiction Read by a model
Accordingly, the Court grants the Government’s 12(b)(1) motion to dismiss.
Whose motion The government's motion Read by a model
On March 18, 2019, the Government filed a motion to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6)
Disposition Dismissed as moot Dismissed or denied as moot because the agency acted. Read by a model
Because the sole issue in this case—compelling the adjudication of the I-130 petition—is moot, the Court lacks subject matter jurisdiction over this action.
Prevailing party Neither side Read by a model
Because the sole issue in this case—compelling the adjudication of the I-130 petition—is moot, the Court lacks subject matter jurisdiction over this action.
The delay claim Moot: the agency acted Read by a model
Because the sole issue in this case—compelling the adjudication of the I-130 petition—is moot, the Court lacks subject matter jurisdiction over this action.
Months pending Not stated at filing The agency acted before this decision, so the months up to the decision are not a delay and are not shown. Read by a model
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Held moot Read by a model
Because the sole issue in this case—compelling the adjudication of the I-130 petition—is moot, the Court lacks subject matter jurisdiction over this action.
Nationality Guinea Read by a model
Balde, a citizen of Guinea.
I-130 category Immediate relative Read by a model
Rosse Mae Balde, a U.S. citizen, filed an I-130, Immigration Petition for Alien Relative (“I-130 petition’’), on behalf of her husband Aboubacar.

How the case ended

Docket
No. 1:18-cv-09597
Filed
October 19, 2018
Ended
June 6, 2019
Suit's filing to its end
230 days
How it ended
Ended once the agency acted
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 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.