Mandamus decisions / District of Columbia

Nohria v. Cuccinelli

District of ColumbiaBeryl A. HowellDecided March 14, 2021No. 1:20-cv-02085

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
USCIS adjudicates I-526 petitions based on the totality of the evidence presented.
Form or filing I-526 (investor petition) Read by a model
On September 28, 2018, she sought to change her immigration status by filing a Form I-526, seeking classification as an EB-5 immigrant.
What the suit asked for Decide the application Read by a model
The limited scope of plaintiff’s claim is confirmed by the scope of the relief she seeks, namely to compel USCIS to “process and render a final decision on” her I-526 petition.
Kind of order A ruling on a motion or the petition Read by a model
Accordingly, the case is dismissed and USCIS’s motion to dismiss is denied as moot.
Motion decided Motion to dismiss for failure to state a claim Read by a model
Accordingly, the case is dismissed and USCIS’s motion to dismiss is denied as moot.
Whose motion The government's motion Read by a model
USCIS has moved to dismiss the complaint, under Federal Rule of Civil Procedure 12(b)(6)
Disposition Dismissed as moot Dismissed or denied as moot because the agency acted. Read by a model
Accordingly, plaintiff’s claim of unreasonable delay in the adjudication of her I-526 is now moot and the complaint must be dismissed.
Prevailing party Neither side Read by a model
Accordingly, the case is dismissed and USCIS’s motion to dismiss is denied as moot.
The delay claim Moot: the agency acted Read by a model
For the foregoing reasons, plaintiff’s claim of unreasonable agency delay in rendering a final decision on her I-526 petition is now moot.
Months pending 22 months from the application to the suit; 28.5 months from the application to the agency's action Read by a model
on February 12, 2021, USCIS approved petitioner’s I-526 petition
TRAC factors The court weighed the TRAC factors
  • 1. Rule of reasonfavors the government
  • 2. Congressional timetablenot reached
  • 3. Human health and welfarefavors the government
  • 4. Competing prioritiesfavors the government
  • 5. Interests prejudicedfavors the government
  • 6. No impropriety neededneutral
Read by a model
The agency’s process is clearly governed by a solid rule of reason—the visa availability approach—meeting the first factor
The government's delay arguments First-in, first-out processing accepted; Line-jumping accepted Read by a model
The agency’s process is clearly governed by a solid rule of reason—the visa availability approach—meeting the first factor
Threshold rulings Held moot Read by a model
USCIS is correct that plaintiff’s claim of unreasonable delay is now moot.
Nationality India Read by a model
Plaintiff Priti Garg Nohria, an Indian citizen residing in the United States

How the case ended

Docket
No. 1:20-cv-02085
Filed
July 30, 2020
Ended
March 14, 2021
Suit's filing to its end
227 days
How it ended
Ended once the agency acted
From the record
idb disp 2 (dismissed: want of prosecution)

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 D.C. 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.