Passim

Mandamus decisions / Middle District of North Carolina

SALAMI v. NOAM

Middle District of North CarolinaThomas D. SchroederDecided November 20, 2025No. 1:25-cv-00405

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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
In June 2025, USCIS forwarded Salami’s petition to the Charlotte Field Office for interview, where it currently awaits interview scheduling.
Form or filing I-130 (relative petition) Read by a model
Salami, a United States citizen, filed the visa petition via Form I-130 on behalf of his wife on March 16, 2022.
What the suit asked for Decide the application Read by a model
requiring that Defendants adjudicate his pending Form I-130 visa petition.
Kind of order A ruling on a motion or the petition Read by a model
Defendants’ motion to dismiss (Doc. 10) is GRANTED and Plaintiff Salami’s complaint is DISMISSED WITHOUT PREJUDICE.
Motion decided Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim Read by a model
On June 23, 2025, Defendants filed a motion to dismiss Salami’s complaint for lack of subject matter jurisdiction and failure to state a claim upon which relief can be granted.
Whose motion The government's motion Read by a model
On June 23, 2025, Defendants filed a motion to dismiss Salami’s complaint for lack of subject matter jurisdiction and failure to state a claim upon which relief can be granted.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
For the reasons stated, IT IS THEREFORE ORDERED that Defendants’ motion to dismiss (Doc. 10) is GRANTED and Plaintiff Salami’s complaint is DISMISSED WITHOUT PREJUDICE.
Prevailing party Government Read by a model
For the reasons stated, IT IS THEREFORE ORDERED that Defendants’ motion to dismiss (Doc. 10) is GRANTED and Plaintiff Salami’s complaint is DISMISSED WITHOUT PREJUDICE.
The delay claim Dismissed Read by a model
Defendants’ motion to dismiss (Doc. 10) is GRANTED and Plaintiff Salami’s complaint is DISMISSED WITHOUT PREJUDICE.
The other claims Dismissed Read by a model
Defendants’ motion to dismiss (Doc. 10) is GRANTED and Plaintiff Salami’s complaint is DISMISSED WITHOUT PREJUDICE.
Months pending 38.2 months from the application to the suit; 44.2 months from the application to the court's decision Read by a model
Salami, a United States citizen, filed the visa petition via Form I-130 on behalf of his wife on March 16, 2022.
TRAC factors The court weighed the TRAC factors
  • 1. Rule of reasonfavors the government
  • 2. Congressional timetablefavors the government
  • 3. Human health and welfarefavors the applicant
  • 4. Competing prioritiesfavors the government
  • 5. Interests prejudicedfavors the applicant
  • 6. No impropriety neededneutral
Read by a model
Here, both factors favor Defendants. There is no statutory or regulatory timeframe within which USCIS must adjudicate Form I-130 petitions.
The government's delay arguments Line-jumping accepted Read by a model
The fourth factor also weighs against Salami. In essence, he requests that the court move his wife’s visa petition ahead of other pending cases.
Threshold rulings None Read by a model
I-130 category Immediate relative Read by a model
Salami, a United States citizen, filed the visa petition via Form I-130 on behalf of his wife on March 16, 2022.

How the case ended

Docket
No. 1:25-cv-00405
Filed
May 21, 2025
Ended
November 20, 2025
Suit's filing to its end
183 days
How it ended
Dismissed on jurisdiction or the merits
From the record
idb disp 17 (judgment: other), 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 Fourth 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.