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Mandamus decisions / District of Columbia

Beshir v. Holder

District of ColumbiaRicardo M. UrbinaDecided January 24, 2011

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 granted the plaintiff’s request to reopen her application on April 30, 2008, but advised her that her case would be “placed on hold” because the record was insufficient “to establish eligibility for the benefit sought.”
Form or filing I-485 (adjustment of status) Read by a model
On May 3, 2004, the plaintiff applied to adjust her status to a permanent resident.
What the suit asked for Decide the application Read by a model
The plaintiff, an asylee from Ethiopia, commenced this action seeking an order compelling the defendants1 to rule on her application to adjust her immigration status from asylee to that of a permanent resident.
Kind of order A ruling on a motion or the petition Read by a model
For the foregoing reasons, the court denies the defendants’ motion to dismiss and denies without prejudice the defendants’ motion in the alternative for summary judgment.
Motion decided Motion to dismiss for lack of jurisdiction; Summary judgment Read by a model
For the foregoing reasons, the court denies the defendants’ motion to dismiss and denies without prejudice the defendants’ motion in the alternative for summary judgment.
Whose motion The government's motion Read by a model
The matter is now before the court on the defendants’ motion to dismiss or, 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
For the foregoing reasons, the court denies the defendants’ motion to dismiss and denies without prejudice the defendants’ motion in the alternative for summary judgment.
Prevailing party Applicant Read by a model
For the foregoing reasons, the court denies the defendants’ motion to dismiss and denies without prejudice the defendants’ motion in the alternative for summary judgment.
The delay claim The delay claim goes on Read by a model
For the foregoing reasons, the court denies the defendants’ motion to dismiss and denies without prejudice the defendants’ motion in the alternative for summary judgment.
Months pending 71.8 months from the application to the suit; 80.7 months from the application to the court's decision Read by a model
On May 3, 2004, the plaintiff applied to adjust her status to a permanent resident.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Section 1252(a)(2)(B) bar rejected Read by a model
Because the Secretary’s discretionary authority to withhold adjustment applications is not “specified under the subchapter,” the court concludes that its jurisdiction is not barred by the INA’s jurisdictionstripping provision.
Nationality Ethiopia Read by a model
The plaintiff, a citizen of Ethiopia, came to the United States in 2002 on a visitor visa.

Other orders in this case

The group holds 4 decisions from this suit, oldest first. Outcome counts on these pages count the case once, by its latest decision. How decisions are grouped into cases.

DecisionDecidedJudgeDisposition
Beshir v. HolderThis decision January 24, 2011 Ricardo M. Urbina Denied in the applicant's favor
Beshir v. Holder March 9, 2012 Ricardo M. Urbina Denied in the applicant's favor
Beshir v. Holder February 8, 2013 John D. Bates Discovery or record order
Beshir v. HolderThe case's latest decision: its outcome is the one counted January 27, 2014 John D. Bates Dismissed

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.