Passim

Mandamus decisions / Eastern District of Michigan

Benitez v. Dedvukaj

Eastern District of MichiganGerald E. RosenDecided September 4, 2009No. 2:09-cv-13386

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 subsequently arrested and detained Plaintiff and on August 26, 2009, *727 the ICE District Director ordered Plaintiff removed
Form or filing I-485 (adjustment of status) Read by a model
to compel the adjudication of his Application to Adjust Status (Form I-485)
What the suit asked for Decide the application Read by a model
He now asks this Court to compel the adjudication of his adjustment of status and to order that his removal be stayed pending a decision on his application for adjustment.
Kind of order A ruling on a motion or the petition Read by a model
IT IS FURTHER ORDERED that this case is DISMISSED, WITHOUT PREJUDICE.
Motion decided None Read by a model
Whose motion The government's motion Read by a model
IT IS HEREBY ORDERED that Defendants' Motion to Vacate Stay of Removal [Dkt. # 11] is GRANTED.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
IT IS FURTHER ORDERED that this case is DISMISSED, WITHOUT PREJUDICE.
Prevailing party Government Read by a model
IT IS FURTHER ORDERED that this case is DISMISSED, WITHOUT PREJUDICE.
The delay claim Dismissed Read by a model
IT IS FURTHER ORDERED that this case is DISMISSED, WITHOUT PREJUDICE.
The other claims Dismissed Read by a model
IT IS FURTHER ORDERED that this case is DISMISSED, WITHOUT PREJUDICE.
Months pending 0 months from the application to the suit; 0.3 months from the application to the court's decision Read by a model
On August 25, 2009, in anticipation of the then soon-to-be-issued removal order, Mr. Benitez filed an application to adjust his status to that of a lawful permanent resident
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings None Read by a model
Nationality Argentina Read by a model
Plaintiff Francisco Benitez, a citizen of Argentina, entered the United States in 1991 as a visitor under the Visa Waiver Program (VWP).

How the case ended

Docket
No. 2:09-cv-13386
Filed
August 26, 2009
Ended
September 4, 2009
Suit's filing to its end
9 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.

Supreme Court and Sixth 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.