Mandamus decisions / Southern District of New York

Cuckic v. Jaddou

Southern District of New YorkJ. Paul OetkenDecided March 21, 2023No. 1:21-cv-08395

Read the decisionOriginal on CourtListener

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What the decision decided

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Agency USCIS Read by a model
On February 4, 2022, USCIS for the second time denied Ms. Cuckic’s Petition, finding that she had failed to satisfy at least three of the ten regulatory criteria under the first step of USCIS’s extraordinary ability analysis.
Form or filing I-140 (immigrant worker petition) Read by a model
On April 9, 2021, Ms. Cuckic filed a Form I-140, Immigrant Petition for Alien Worker (the “Petition”), with USCIS at its Texas Service Center.
What the suit asked for Not recorded Read by a model
Kind of order A ruling on a motion or the petition Read by a model
For the reasons that follow, Defendant’s motion for summary judgment is granted and Plaintiff’s motion is denied.
Motion decided Summary judgment Read by a model
Both Plaintiff and Defendant cross-move for summary judgment.
Whose motion Cross-motions Read by a model
Both Plaintiff and Defendant cross-move for summary judgment.
Disposition Granted in the government's favor The principal motion was granted in full: summary judgment for either side, an injunction or TRO, a writ or order to act, fees. A motion to dismiss granted in full counts as Dismissed; a transfer is listed apart. Read by a model
For the reasons that follow, Defendant’s motion for summary judgment is granted and Plaintiff’s motion is denied.
Prevailing party Government Read by a model
For the reasons that follow, Defendant’s motion for summary judgment is granted and Plaintiff’s motion is denied.
The other claims Relief denied Read by a model
For the reasons that follow, Defendant’s motion for summary judgment is granted and Plaintiff’s motion is denied.
Months pending 9.9 months from the application to the agency's action Read by a model
On February 4, 2022, USCIS for the second time denied Ms. Cuckic’s Petition
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings None Read by a model
Nationality Serbia Read by a model
Milica Cuckic (“Plaintiff” or “Ms. Cuckic”) is a citizen of Serbia

How the case ended

Docket
No. 1:21-cv-08395
Filed
October 12, 2021
Ended
March 21, 2023
Suit's filing to its end
525 days
How it ended
Dismissed, ground not recorded
From the record
idb disp 14 (dismissed: other)

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.