Passim

Mandamus decisions / Northern District of California

Vera Gomez v. McAleenan

Northern District of CaliforniaJoseph C. SperoDecided November 5, 2019No. 3:19-cv-04199

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 EOIR Read by a model
The Department of Justice, Executive Office for Immigration Review (“EOIR”) promulgates regulations implementing the cap established by 8 U.S.C. § 1229b(e)(1).
Form or filing None named Read by a model
What the suit asked for Some other action Read by a model
In it, she asked the Court to hold that Defendants’ refusal to issue a visa number is arbitrary and capricious,
Kind of order A ruling on a motion or the petition Read by a model
Accordingly, the Court DISMISSES this case without prejudice.
Motion decided Motion to dismiss for lack of jurisdiction Read by a model
For the reasons stated above, the Court GRANTS the Motion on the basis that it does not have jurisdiction over this action.
Whose motion The government's motion Read by a model
Presently before the Court is Defendants’ Motion to Dismiss (“Motion”)
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
Accordingly, the Court DISMISSES this case without prejudice.
Prevailing party Government Read by a model
For the reasons stated above, the Court GRANTS the Motion on the basis that it does not have jurisdiction over this action.
The delay claim Dismissed Read by a model
For the reasons stated above, the Court GRANTS the Motion on the basis that it does not have jurisdiction over this action. Accordingly, the Court DISMISSES this case without prejudice.
The other claims Dismissed Read by a model
For the reasons stated above, the Court GRANTS the Motion on the basis that it does not have jurisdiction over this action. Accordingly, the Court DISMISSES this case without prejudice.
Months pending 6.7 months from the application to the court's decision Read by a model
On April 15, 2019, Gomez filed an application seeking cancellation of removal under 8 U.S.C. § 1229b(b)
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings None Read by a model
Nationality Mexico Read by a model
Plaintiff Olimpia Gomez is a national of Mexico who has lived in the United States since 1990.

How the case ended

Docket
No. 3:19-cv-04199
Filed
July 22, 2019
Ended
November 5, 2019
Suit's filing to its end
106 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 Ninth 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.