Passim

Mandamus decisions / Eastern District of New York

Xia v. Garland

Eastern District of New YorkAllyne R. RossDecided August 23, 2024No. 1:24-cv-00395

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 March 7, 2024, USCIS denied plaintiff’s application for adjustment of status.
Form or filing I-485 (adjustment of status) Read by a model
Plaintiff alleges that defendants’ denial of her application for adjustment of status under 8 U.S.C. § 1255 was contrary to law, arbitrary and capricious, and unsupported by the factual record.
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 foregoing reasons, I grant defendants’ motion to dismiss in its entirety.
Motion decided Motion to dismiss for lack of jurisdiction Read by a model
Thus, having rejected plaintiff’s argument, I find that the action must be dismissed for lack of subject-matter jurisdiction pursuant to Rule 12(b)(1).
Whose motion The government's motion Read by a model
Defendants move to dismiss plaintiff’s complaint for lack of subject matter jurisdiction pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure, and in the alternative, for failure to state a claim pursuant to Rule 12(b)(6).
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
For the reasons set forth below, I grant defendants’ motion to dismiss for lack of subject matter jurisdiction.
Prevailing party Government Read by a model
For the foregoing reasons, I grant defendants’ motion to dismiss in its entirety.
The other claims Dismissed Read by a model
Thus, having rejected plaintiff’s argument, I find that the action must be dismissed for lack of subject-matter jurisdiction pursuant to Rule 12(b)(1).
Months pending 27.4 months from the application to the suit; 29 months from the application to the agency's action Read by a model
On March 7, 2024, USCIS denied plaintiff’s application for adjustment of status.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Section 1252(a)(2)(B) bar applied Read by a model
I therefore conclude, as defendants argue, that section 1252(a)(2)(B)(i) applies to the decision plaintiff seeks to challenge.

How the case ended

Docket
No. 1:24-cv-00395
Filed
January 19, 2024
Ended
August 26, 2024
Suit's filing to its end
220 days
How it ended
Dismissed on jurisdiction or the merits
From the record
order 2024-08-23 dismisses for want of jurisdiction; 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.