Mandamus decisions / Southern District of Florida

Grinberg v. Swacina

Southern District of FloridaMorenoDecided March 20, 2007

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
Defendants now maintain that as to the still pending application of Boris L. Grinberg, the USCIS "requires additional time to conduct its investigation and make necessary contact with entities outside of the USCIS."
Form or filing I-485 (adjustment of status) Read by a model
On June 21, 2001, the Grinbergs filed Forms 1-485
What the suit asked for Decide the application Read by a model
Plaintiff is a foreign citizen who seeks an order compelling the representatives of a United States government agency to adjudicate his application for adjustment of status to become a permanent United States resident.
Kind of order A ruling on a motion or the petition Read by a model
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS
Motion decided Motion to dismiss for lack of jurisdiction Read by a model
In granting Defendants' Motion to Dismiss, this Court finds that Congress intended to include the pace within its discretionary function.
Whose motion The government's motion Read by a model
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
This Court lacks jurisdiction over this matter, and the case is dismissed.
Prevailing party Government Read by a model
This Court lacks jurisdiction over this matter, and the case is dismissed.
The delay claim Dismissed Read by a model
This Court lacks jurisdiction over this matter, and the case is dismissed.
Months pending Not stated at filing The agency acted before this decision, so the months up to the decision are not a delay and are not shown. Read by a model
On June 21, 2001, the Grinbergs filed Forms 1-485 with the Immigration and Naturalization Service ("INS")
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Section 1252(a)(2)(B) bar applied; Held moot Read by a model
Therefore, section 242(a)(2)(B) precludes mandamus jurisdiction over this matter.
Nationality Russia Read by a model
Lioubov Grinberg, Boris L. Grinberg, Maria Grinberg, and Boris J. Grinberg, citizens of Russia,

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 Eleventh 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.