Passim

Mandamus decisions / District of New Hampshire

Zhou v. FBI, Director, et al.

District of New HampshirePaul J. BarbadoroDecided June 12, 2008

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
It is USCIS's alleged failure to carry out its duty to adjudicate Zhou's application for adjustment of status within a reasonable time.
Form or filing I-485 (adjustment of status) Read by a model
Zhou seeks an order from this court compelling the relevant agencies to complete his security investigation and adjudicate his 1-485 application.
What the suit asked for Decide the application Read by a model
Zhou seeks an order from this court compelling the relevant agencies to complete his security investigation and adjudicate his 1-485 application.
Kind of order A ruling on a motion or the petition Read by a model
Defendants' Motion to Dismiss (Doc. No. 7) is denied.
Motion decided Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim Read by a model
Defendants argue in a motion to dismiss that the court lacks subject matter jurisdiction and that the complaint fails to state a claim for relief.
Whose motion The government's motion Read by a model
Defendants' Motion to Dismiss (Doc. No. 7) is denied.
Disposition Denied in the applicant's favor The principal motion was denied in full: a motion to dismiss denied so the case goes on, or relief denied on the merits. Read by a model
Defendants' Motion to Dismiss (Doc. No. 7) is denied.
Prevailing party Applicant Read by a model
Defendants' Motion to Dismiss (Doc. No. 7) is denied.
The delay claim The delay claim goes on Read by a model
Defendants' Motion to Dismiss (Doc. No. 7) is denied.
Months pending 38.7 months from the application to the court's decision Read by a model
on March 23, 2005.
TRAC factors The court did not weigh the TRAC factors Read by a model
The government's delay arguments Line-jumping rejected Read by a model
nothing before me indicates that advancing the relatively small number of applicants who have experienced multi-year delays to the head of the line would seriously interfere with higher or competing priorities.
Threshold rulings Section 1252(a)(2)(B) bar rejected Read by a model
Accordingly, the pace of adjudication is outside the reach of the jurisdictional bar.
Nationality China Read by a model
Kuan Zhou, a thirty-three year old Chinese citizen, lives in Durham, New Hampshire.

How the case ended

This decision is not linked to a docket in the docket record yet, so how the case ended is not shown.

Supreme Court and First 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.