Passim

Mandamus decisions / Western District of New York

Shoaibi v. Wolf

Western District of New YorkFrank P. Geraci, Jr.Decided October 21, 2021No. 6:20-cv-07121

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
On February 12, 2021, USCIS denied Shoaibi’s I-130 Petition based on his failure to establish eligibility for approval.
Form or filing I-130 (relative petition) Read by a model
On March 1, 2019, Shoaibi—a United States citizen—submitted an I-130 Petition on behalf of his Yemeni wife, Abdullah.
What the suit asked for Some other action Read by a model
At bottom, the original Complaint asked the Court to compel USCIS to provide Shoaibi with a copy of his sworn statement and immediately decide the I-130 Petition.
Kind of order A ruling on a motion or the petition Read by a model
For the reasons that follow, Defendants’ motion to dismiss is DENIED AS MOOT and Plaintiffs’ motion to amend is GRANTED IN PART and DENIED IN PART.
Motion decided Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim Read by a model
Defendants move to dismiss the complaint pursuant to Federal Rule of Civil Procedure (“Rule”) 12(b)(1) for lack of subject matter jurisdiction and Rule 12(b)(6) for failure to state a claim upon which relief can be granted.
Whose motion Cross-motions Read by a model
Defendants filed a motion to dismiss, ECF No. 6, and in response, Plaintiffs filed a motion to amend, ECF No. 10.
Disposition Dismissed in part; some claims go on The government's motion to dismiss was granted in part: some claims were dismissed and others go on. Read by a model
Because USCIS has already denied the I-130 Petition, the Complaint is moot.
Prevailing party Each side in part Read by a model
Because USCIS has already denied the I-130 Petition, the Complaint is moot.
The delay claim Moot: the agency acted Read by a model
Because USCIS has already denied the I-130 Petition, the Complaint is moot.
The other claims The delay claim goes on Read by a model
The Amended Complaint is now the operative pleading but only the following claims, as articulated in the Amended Complaint, may proceed on behalf of Plaintiff Shoaibi against all Defendants:
Months pending 10.8 months from the application to the suit; 23.5 months from the application to the agency's action Read by a model
On February 12, 2021, USCIS denied Shoaibi’s I-130 Petition based on his failure to establish eligibility for approval.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Held moot; Mootness argument rejected Read by a model
The Court agrees that the mandamus claim is moot but disagrees that the entire Amended Complaint is moot.
Nationality Yemen Read by a model
On March 1, 2019, Shoaibi—a United States citizen—submitted an I-130 Petition on behalf of his Yemeni wife, Abdullah.
I-130 category Immediate relative Read by a model
On March 1, 2019, Shoaibi—a United States citizen—submitted an I-130 Petition on behalf of his Yemeni wife, Abdullah.

How the case ended

Docket
No. 6:20-cv-07121
Filed
December 24, 2020
Ended
December 29, 2021
Suit's filing to its end
370 days
How it ended
Ended once the agency acted
From the record
idb disp 12 (dismissed: voluntarily)

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.