Mandamus decisions / Eastern District of Pennsylvania

HOLOVCHAK v. CUCCINELLI

Eastern District of PennsylvaniaKAREN S. MARSTONDecided August 6, 2020No. 2:20-cv-00210

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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
alleging that USCIS violated the Administrative Procedure Act (“APA”), 5 U.S.C. § 706, by unreasonably delaying adjudication of Plaintiffs’ Form I-526 immigrant visa petitions.
Form or filing I-526 (investor petition) Read by a model
unreasonably delaying adjudication of Plaintiffs’ Form I-526 immigrant visa petitions.
What the suit asked for Decide the application Read by a model
unreasonably delaying adjudication of Plaintiffs’ Form I-526 immigrant visa petitions.
Kind of order A transfer order Read by a model
Therefore, after careful consideration of all these factors, the Court concludes that transfer to the District of Columbia is appropriate under Section 1404(a).
Motion decided Other motion to dismiss; Transfer Read by a model
Defendants filed a Motion to Sever, Transfer, or Dismiss
Whose motion The government's motion Read by a model
Defendants filed a Motion to Sever, Transfer, or Dismiss
Disposition Transferred to another court An order moving the case to another court. It decides where the suit is heard, not who wins, so it is not counted as either side's win. Read by a model
Therefore, after careful consideration of all these factors, the Court concludes that transfer to the District of Columbia is appropriate under Section 1404(a).
Prevailing party Neither side Read by a model
Therefore, after careful consideration of all these factors, the Court concludes that transfer to the District of Columbia is appropriate under Section 1404(a).
The delay claim Not decided here Read by a model
Because we find that transfer is warranted, we decline to review Defendants’ other arguments in their Motion as to the viability of Plaintiffs’ claims.
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
And because Holovchak’s is moot (and Holovchak is the only Plaintiff to assert a claim against NVC), Plaintiffs also concede that NVC should be dismissed as a defendant. Accordingly, we dismiss Holovchak and Vasconcelo’s claims and NVC as a defendant.

How the case ended

Docket
No. 2:20-cv-00210
Filed
January 13, 2020
Ended
August 6, 2020
Suit's filing to its end
206 days
How it ended
Transferred
From the record
idb disp 0 (transferred to another district)

A voluntary or stipulated dismissal is how most suits end once the agency acts; the docket rarely says why.

Supreme Court and Third 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.