Mandamus decisions / Southern District of New York

Alomaisi v. Decker

Southern District of New YorkVernon S. BroderickDecided August 25, 2021No. 1:20-cv-05059

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 ICE Read by a model
ICE was ‘actively working’ to obtain a travel document to remove him to Yemen
Form or filing None named Read by a model
What the suit asked for Some other action Read by a model
an order to “bring [him] back to the United States pending adjudication of his Motion to Reopen removal proceedings”
Kind of order A ruling on a motion or the petition Read by a model
For the reasons stated above, Petitioner’s Objections are overruled, the Report is ADOPTED in full, and his Petition is DISMISSED.
Motion decided Motion to dismiss for lack of jurisdiction Read by a model
On August 3, 2020, Respondents moved to dismiss for lack of subject matter jurisdiction and failure to state a claim, (Doc. 8-10);
Whose motion The government's motion Read by a model
On August 3, 2020, Respondents moved to dismiss for lack of subject matter jurisdiction and failure to state a claim
Disposition Dismissed as moot Dismissed or denied as moot because the agency acted. Read by a model
Because the motion to reopen has already been adjudicated, the relief Petitioner seeks is no longer viable making his Petition moot.
Prevailing party Neither side Read by a model
Because the motion to reopen has already been adjudicated, the relief Petitioner seeks is no longer viable making his Petition moot.
The other claims Dismissed Read by a model
basis to disturb Judge Cave’s decision; I lack subject matter jurisdiction over the Petition.
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
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Held moot Read by a model
Because the motion to reopen has already been adjudicated, the relief Petitioner seeks is no longer viable making his Petition moot.
Nationality Yemen Read by a model
Petitioner Hazea Mohammed Senan Alomaisi, a citizen of Yemen

How the case ended

Docket
No. 1:20-cv-05059
Filed
July 1, 2020
Ended
August 26, 2021
Suit's filing to its end
421 days
How it ended
Ended once the agency acted
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.

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.