Mandamus decisions / Eastern District of New York

Yang v. Mayorkas

Eastern District of New YorkRachel P. KovnerDecided October 23, 2024No. 1:23-cv-07756

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
Plaintiff’s complaint requests that the Court compel defendant USCIS to issue a decision on plaintiff’s Form I-601A application.
Form or filing I-601A (provisional waiver) Read by a model
Plaintiff’s complaint requests that the Court compel defendant USCIS to issue a decision on plaintiff’s Form I-601A application.
What the suit asked for Decide the application Read by a model
Plaintiff’s complaint requests that the Court compel defendant USCIS to issue a decision on plaintiff’s Form I-601A application.
Kind of order A ruling on a motion or the petition Read by a model
This case is dismissed without prejudice for lack of subject-matter jurisdiction.
Motion decided Motion to dismiss for lack of jurisdiction Read by a model
Federal Rule of Civil Procedure 12(b)(1) permits a party to move to dismiss a complaint for “lack of subject-matter jurisdiction.”
Whose motion The government's motion Read by a model
Defendants initially moved to dismiss plaintiff’s complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim
Disposition Dismissed as moot Dismissed or denied as moot because the agency acted. Read by a model
For the reasons explained below, this case is dismissed as moot.
Prevailing party Neither side Read by a model
For the reasons explained below, this case is dismissed as moot.
The delay claim Moot: the agency acted Read by a model
For the reasons explained below, this case is dismissed as moot.
Months pending 25 months from the application to the suit 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
In September 2021, Plaintiff filed a Form I-601A Application for Provisional Unlawful Presence Waiver, which was predicated on the approval of a prior Form I-130 Petition for Alien Relative regarding plaintiff.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Held moot Read by a model
The Court lacks subject-matter jurisdiction over plaintiff’s lawsuit because it is moot.

How the case ended

Docket
No. 1:23-cv-07756
Filed
October 18, 2023
Ended
October 24, 2024
Suit's filing to its end
372 days
How it ended
Ended once the agency acted
From the record
order 2024-10-23 dismisses for want of jurisdiction; 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. Other suits in this court.

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 3, 2026. Check the current status before relying on one.