Passim

Mandamus decisions / District of New Mexico

O Centro Espirita Beneficiente Uniao Do Vegs v. Duke

District of New MexicoBowningDecided December 15, 2017

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
USCIS denied this petition, because J. Garcia is not a compensated minister nor does he participate in an established missionary program.
Form or filing I-129 (worker petition); I-360 (special immigrant petition) Read by a model
See I-129 Petition for a Nonimmigrant Worker at 3, filed with USCIS July 7, 2017 (Receipt No. WAC-17-197-50769)
What the suit asked for Decide the application Read by a model
For this reason, as well as those stated above, the Court will require the Defendants to adjudicate the I-360 petition in light of RFRA.
Kind of order A ruling on a motion or the petition Read by a model
Because the Court concludes that narrower relief is appropriate than that requested, the Court will grant the Motion in part and deny it in part.
Motion decided Preliminary injunction or TRO Read by a model
Plaintiffs' Motion for Temporary Restraining Order and/or Preliminary Injunctive Relief and Request for Emergency Ex Parte Hearing
Whose motion The plaintiff's motion Read by a model
Plaintiffs' Motion for Temporary Restraining Order and/or Preliminary Injunctive Relief and Request for Emergency Ex Parte Hearing
Disposition Granted in part The principal motion was granted in part and denied in part. Read by a model
Because the Court concludes that narrower relief is appropriate than that requested, the Court will grant the Motion in part and deny it in part.
Prevailing party Each side in part Read by a model
Because the Court concludes that narrower relief is appropriate than that requested, the Court will grant the Motion in part and deny it in part.
The delay claim Relief ordered Read by a model
For this reason, as well as those stated above, the Court will require the Defendants to adjudicate the I-360 petition in light of RFRA.
The other claims Relief ordered Read by a model
Because the Court concludes that narrower relief is appropriate than that requested, the Court will grant the Motion in part and deny it in part.
Months pending 16.5 months from the application to the suit; 17.5 months from the application to the court's decision Read by a model
On July 1, 2016, UDV filed an I-360 Petition for Religious Worker on J. Garcia's behalf.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings None Read by a model

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 Tenth 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 14, 2026. Check the current status before relying on one.