Passim

Mandamus decisions / Northern District of Illinois

Sharif v. Chertoff

Northern District of IllinoisNorgleDecided July 18, 2007No. 1:07-cv-01690

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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
First, Sharif asks that the court order CIS to accelerate the pace at which it processes his Fianc้ Petition.
Form or filing I-129F (fiancé(e) petition) Read by a model
During February 2006, Sharif initiated a 129-F Fianc้ Petition on behalf of Ms. Barrah Khesfha ("Khesfha").
What the suit asked for Decide the application Read by a model
He requests, inter alia, that the court issue him mandamus relief compelling Defendants to immediately adjudicate and approve his Fianc้ Petition.
Kind of order A ruling on a motion or the petition Read by a model
For the foregoing reasons, this case is dismissed with prejudice for lack of subject matter jurisdiction.
Motion decided None Read by a model
Whose motion The court on its own Read by a model
On May 31, 2007, the court ordered the parties to brief the issue of whether the court has subject matter jurisdiction to adjudicate this case.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
For the foregoing reasons, this case is dismissed with prejudice for lack of subject matter jurisdiction.
Prevailing party Government Read by a model
For the foregoing reasons, this case is dismissed with prejudice for lack of subject matter jurisdiction.
The delay claim Dismissed Read by a model
For the foregoing reasons, this case is dismissed with prejudice for lack of subject matter jurisdiction.
The other claims Dismissed Read by a model
As to Sharif's second request, there is no question that the court is without jurisdiction to compel CIS to approve his Petition.
Months pending 13.3 months from the application to the suit; 17 months from the application to the court's decision Read by a model
During February 2006, Sharif initiated a 129-F Fianc้ Petition on behalf of Ms. Barrah Khesfha ("Khesfha").
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
Finding the courts' reasoning in these cases persuasive, this court takes the position that ง 1252(a)(2)(B)(ii) strips courts of jurisdiction to order CIS to adjust the pace of its adjudication of cases.

How the case ended

Docket
No. 1:07-cv-01690
Filed
March 27, 2007
Ended
July 18, 2007
Suit's filing to its end
113 days
How it ended
Dismissed on jurisdiction or the merits
From the record
idb disp 3 (dismissed: lack of jurisdiction)

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

Supreme Court and Seventh 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.