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Mandamus decisions / Southern District of New York

Al-Farisi v. Mueller

Southern District of New YorkCedarbaumDecided June 14, 2007

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What the decision decided

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Agency USCIS Read by a model
For the following reasons, the motion to dismiss is denied, and the case is remanded to the United States Citizenship and Immigration Services (the "CIS") with further instructions.
Form or filing N-400 (naturalization) Read by a model
A little more than five years later, on February 9, 2005, he filed an application for naturalization, also known as an "N-400" application.
What the suit asked for Naturalization hearing or remand (1447(b)) Read by a model
Omar Hadir Al-Farisi applies under 8 U.S.C. § 1447(b) for a hearing on his long-pending application for naturalization.
Kind of order A ruling on a motion or the petition Read by a model
For the foregoing reasons, defendants' motion to dismiss is denied, and the case is remanded for prompt resolution by the CIS, with the following instructions:
Motion decided Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim Read by a model
Defendants move to dismiss the complaint for lack of subject matter jurisdiction under Fed.R.Civ.P. 12(b)(1), and, under Fed. R.Civ.P. 12(b)(6), for failure to state a claim upon which relief can be granted.
Whose motion The government's motion Read by a model
Defendants move to dismiss the complaint for lack of subject matter jurisdiction under Fed.R.Civ.P. 12(b)(1), and, under Fed. R.Civ.P. 12(b)(6), for failure to state a claim upon which relief can be granted.
Disposition Remanded to the agency Sent back to the agency, with or without instructions. Read by a model
For the foregoing reasons, defendants' motion to dismiss is denied, and the case is remanded for prompt resolution by the CIS, with the following instructions:
Prevailing party Applicant Read by a model
2. The CIS shall determine Mr. Al-Farisi's application within 30 days of receiving the FBI's name check report and, if Al-Farisi is eligible for naturalization, permit him to be sworn in as a citizen within 30 days of the CIS' determination.
The delay claim Remanded to the agency Read by a model
For the foregoing reasons, defendants' motion to dismiss is denied, and the case is remanded for prompt resolution by the CIS, with the following instructions:
Months pending 22.5 months from the application to the suit; 28.1 months from the application to the court's decision A section 1447(b) suit: these months run from the naturalization application. The statute's 120 days run from the interview, which they do not measure. Read by a model
A little more than five years later, on February 9, 2005, he filed an application for naturalization, also known as an "N-400" application.
Months since the naturalization interview 19.4 months from the interview (2005-11-02) Read by a model
On November 2, 2005, an officer of the CIS interviewed Mr. Al-Farisi in connection with his naturalization application.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings None Read by a model
Nationality Iraq Read by a model
Omar Hadir Al-Farisi, a citizen of Iraq who resides in Manhattan, became a lawful permanent resident of the United States in December 1999.

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 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 14, 2026. Check the current status before relying on one.