Passim

Mandamus decisions / Southern District of Texas

Duran v. USCIS

Southern District of TexasLee H RosenthalDecided June 25, 2024No. 4:23-cv-04618

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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
He has sued under the Mandamus Act and the Administrative Procedure Act, asking this court to compel the United States Citizenship and Immigration Services (USCIS) to complete the interview and adjudication of his Form I-589 application for asylum and withholding of removal.
Form or filing I-589 (asylum) Read by a model
his Form I-589 application for asylum and withholding of removal.
What the suit asked for Decide the asylum application Read by a model
to complete the interview and adjudication of his Form I-589 application for asylum and withholding of removal.
Kind of order A ruling on a motion or the petition Read by a model
The motion to dismiss, or for summary judgment, is granted.
Motion decided Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim; Summary judgment Read by a model
The USCIS moves to dismiss for lack of subject-matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1) and for failure to state a claim under Rule 12(b)(6), and for summary judgment.
Whose motion The government's motion Read by a model
The USCIS moves to dismiss for lack of subject-matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1) and for failure to state a claim under Rule 12(b)(6), and for summary judgment.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
The case 1s dismissed, with prejudice, for failure to state a claim.
Prevailing party Government Read by a model
The motion to dismiss, or for summary judgment, is granted.
The delay claim Dismissed Read by a model
The case 1s dismissed, with prejudice, for failure to state a claim.
Months pending 59.8 months from the application to the court's decision Read by a model
His application for asylum status has been pending since 2019.
TRAC factors The court did not weigh the TRAC factors Read by a model
The government's delay arguments Line-jumping accepted Read by a model
To give Mr. Duran an accelerated place in line would add to the wait another would endure.
Threshold rulings None Read by a model
Nationality Turkey Read by a model
Yavuz Duran is a citizen of Turkey seeking asylum in the United States.

How the case ended

Docket
No. 4:23-cv-04618
Filed
December 11, 2023
Ended
June 25, 2024
Suit's filing to its end
197 days
How it ended
Dismissed on jurisdiction or the merits
From the record
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 Fifth 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.