Mandamus decisions / District of Massachusetts

Sultaliev v. Rodriguez

District of MassachusettsGortonDecided July 10, 2017No. 1:16-cv-12400

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
Plaintiffs, individually and on behalf of others similarly situated, allege that United States Citizenship and Immigration Services (“USCIS”) officials (collectively, “defendants”) unlawfully failed to process and decide- their I-751 petitions within- a reasonable time period.
Form or filing I-751 (removal of conditions) Read by a model
Each plaintiff in this case has filed an I-751 petition with the Vermont Service Center but none of the plaintiffs has a personal interview scheduled.
What the suit asked for Decide the application Read by a model
Plaintiffs, individually and on behalf of others similarly situated, allege that United States Citizenship and Immigration Services (“USCIS”) officials (collectively, “defendants”) unlawfully failed to process and decide- their I-751 petitions within- a reasonable time period.
Kind of order A ruling on a motion or the petition Read by a model
defendants’ motion to dismiss (Docket No. 8) is ALLOWED
Motion decided Motion to dismiss for lack of jurisdiction Read by a model
Second, defendants aver that the case should be dismissed pursuant to Fed. R. Civ. P. 12(b)(1) because plaintiffs lack standing. Here, the Court agrees with defendants.
Whose motion Cross-motions Read by a model
Pending before the Court are defendants’ motion to dismiss and plaintiffs’ motion to amend their complaint.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
Accordingly, plaintiffs’ claims will be dismissed for lack of standing.
Prevailing party Government Read by a model
Accordingly, plaintiffs’ claims will be dismissed for lack of standing.
The delay claim Dismissed Read by a model
Accordingly, plaintiffs’ claims will be dismissed for lack of standing.
Months pending 16 months from the application to the court's decision Read by a model
Ms. Moran’s 1-751 application has been pending for at least 16 months as of February, 2017.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Section 1252(a)(2)(B) bar rejected Read by a model
but here, the Secretary apparently has taken no action whatsoever on plaintiffs’ applications; Such inaction is not within the Secretary’s discretion.

How the case ended

Docket
No. 1:16-cv-12400
Filed
November 23, 2016
Ended
July 11, 2017
Suit's filing to its end
230 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 First 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.