Mandamus decisions / District of Columbia

Jafarzadeh v. Duke

District of ColumbiaJohn D. BatesDecided September 7, 2017

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What the decision decided

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Agency USCIS Read by a model
The United States Citizenship and Immigration Service (USCIS), the agency within the Department of Homeland Security (DHS) that adjudicates these applications, granted her application but denied his.
Form or filing I-130 (relative petition); I-485 (adjustment of status) Read by a model
Razeyeh filed a Petition for Alien Relative (Form I-130) and Manouchehr filed a concurrent Application to Register Permanent Residence or Adjust Status (Form I-485).
What the suit asked for Decide the application Read by a model
The suit, styled as one for mandamus relief, seeks an order under the Immigration and Nationality Act (INA) and the Administrative Procedure Act (APA) requiring USCIS to adjudicate the applications after six years of delay (Counts I, II, and III).
Kind of order A ruling on a motion or the petition Read by a model
The government’s motion to dismiss is granted in part and denied in part.
Motion decided Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim Read by a model
The government has moved to dismiss for lack of subject matter jurisdiction and failure to state a claim. See Fed. R. Civ. P. 12(b)(1), (b)(6).
Whose motion The government's motion Read by a model
The government has moved to dismiss for lack of subject matter jurisdiction and failure to state a claim.
Disposition Dismissed in part; some claims go on The government's motion to dismiss was granted in part: some claims were dismissed and others go on. Read by a model
Hence, Count I will be dismissed as moot in its entirety. Counts II and III will be dismissed as moot only insofar as they request that USCIS adjudicate plaintiffs’ applications.
Prevailing party Each side in part Read by a model
Hence, Count I will be dismissed as moot in its entirety. Counts II and III will be dismissed as moot only insofar as they request that USCIS adjudicate plaintiffs’ applications.
The delay claim Moot: the agency acted Read by a model
Hence, Count I will be dismissed as moot in its entirety. Counts II and III will be dismissed as moot only insofar as they request that USCIS adjudicate plaintiffs’ applications.
The other claims Some dismissed, some go on Read by a model
The government’s motion to dismiss is granted in part and denied in part.
Months pending 77 months from the application to the suit; 84.9 months from the application to the agency's action Read by a model
But on February 10, 2017, USCIS denied Manouchehr’s application for adjustment of status.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Section 1252(a)(2)(B) bar rejected; Held moot; Mootness argument rejected Read by a model
Likewise, the INA’s provisions limiting judicial review of the immigration judge’s and the Board of Immigration Appeals’ decision to the circuit court, and prohibiting judicial review of discretionary decisions, are also not relevant.
Nationality Iran Read by a model
Plaintiff Manouchehr is a citizen of Iran who has lawfully resided in the United States since 1979.
I-130 category Immediate relative Read by a model
His U.S. citizen daughter, Razeyeh Jafardzadeh, filed the corresponding application for Manouchehr to become a lawful permanent resident as an immediate relative of a U.S. citizen.

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.