Passim

Mandamus decisions / Northern District of California

Molina Herrera v. Garland

Northern District of CaliforniaJacqueline Scott CorleyDecided November 4, 2021No. 3:21-cv-02369

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
After receiving Plaintiff’s statement and other evidence, USCIS denied Plaintiff’s 13 application for adjustment of status on evidentiary and discretionary grounds.
Form or filing I-485 (adjustment of status) Read by a model
Jose Huberto Molina Herrera brings claims for mandamus relief under the Administrative 14 Procedure Act (“APA”) challenging the government’s denial of his application for adjustment of 15 status.
What the suit asked for Not recorded Read by a model
Kind of order A ruling on a motion or the petition Read by a model
Defendants’ motion to dismiss the APA claim for lack of 10 subject matter jurisdiction is GRANTED without prejudice.
Motion decided Motion to dismiss for lack of jurisdiction Read by a model
For the reasons explained above, Defendants’ motion to dismiss the APA claim for lack of 10 subject matter jurisdiction is GRANTED without prejudice.
Whose motion The government's motion Read by a model
Before the Court is Defendants’ motion to dismiss
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
For the reasons explained above, Defendants’ motion to dismiss the APA claim for lack of 10 subject matter jurisdiction is GRANTED without prejudice.
Prevailing party Government Read by a model
For the reasons explained above, Defendants’ motion to dismiss the APA claim for lack of 10 subject matter jurisdiction is GRANTED without prejudice.
The other claims Dismissed Read by a model
Defendants’ motion to dismiss the APA claim for lack of 10 subject matter jurisdiction is GRANTED without prejudice.
Months pending 40.1 months from the application to the court's decision Read by a model
In 2018, Plaintiff applied to adjust his alien status from U nonimmigrant to permanent 25 resident.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Section 1252(a)(2)(B) bar applied Read by a model
Section 1252(a)(2)(B)(i) precludes judicial review of 14 Section 1255(m)(1) status adjustment applications:
Nationality Guatemala Read by a model
Plaintiff, a citizen of Guatemala

How the case ended

Docket
No. 3:21-cv-02369
Filed
April 1, 2021
Ended
November 4, 2021
Suit's filing to its end
217 days
How it ended
Dismissed on jurisdiction or the merits
From the record
idb disp 3 (dismissed: lack of jurisdiction)

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.