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Mandamus decisions / District of Columbia

Geneme v. Holder

District of ColumbiaRudolph ContrerasDecided March 31, 2013

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
Pursuant to a national policy, U.S. Citizenship and Immigration Services (“USCIS” or “the agency”), an agency within the Department of Homeland Security, has placed her application on hold.
Form or filing I-485 (adjustment of status) Read by a model
In 2005, Ms. Geneme submitted an I-485 application for permanent residence.
What the suit asked for Decide the application Read by a model
In this suit, Ms. Geneme seeks an order that USCIS adjudicate her application.
Kind of order A ruling on a motion or the petition Read by a model
The government’s motion will therefore be denied.
Motion decided Motion to dismiss for lack of jurisdiction; Summary judgment Read by a model
The agency has moved to dismiss her complaint for lack of subject matter jurisdiction and, in the alternative, for summary judgment.
Whose motion The government's motion Read by a model
The agency has moved to dismiss her complaint for lack of subject matter jurisdiction and, in the alternative, for summary judgment.
Disposition Denied in the applicant's favor The principal motion was denied in full: a motion to dismiss denied so the case goes on, or relief denied on the merits. Read by a model
The government’s motion will therefore be denied.
Prevailing party Applicant Read by a model
The government’s motion will therefore be denied.
The delay claim The delay claim goes on Read by a model
The government’s motion will therefore be denied.
Months pending 93 months from the application to the court's decision Read by a model
In 2005, Ms. Geneme submitted an I-485 application for permanent residence.
TRAC factors The court weighed the TRAC factors
  • 1. Rule of reasonfavors the applicant
  • 2. Congressional timetablefavors the applicant
  • 3. Human health and welfarefavors the applicant
  • 4. Competing prioritiesfavors the applicant
  • 5. Interests prejudicedfavors the applicant
  • 6. No impropriety neededneutral
Read by a model
It should not take eight years to act on an application for permanent residence.
Threshold rulings Section 1252(a)(2)(B) bar rejected Read by a model
Title 8, Chapter 12, Subchapter II does not specify that USCIS shall have discretion to decide whether and when to adjudicate applica tions for adjustment of status, and so the court retains jurisdiction over Ms. Geneme’s claim that it has unreasonably delayed the adjudication.
Nationality Ethiopia Read by a model
An Ethiopian citizen, Shashi Geneme was granted asylum in 2002.

How the case ended

This decision is not linked to a docket in the docket record yet, so how the case ended is not shown.

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.