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Mandamus decisions / Eastern District of Wisconsin

Lindems v. Mukasey

Eastern District of WisconsinLynn S. AdelmanDecided January 16, 2008

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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
The FBI has not yet completed its check of Lindems, and as a result, the USCIS has not acted on his application.
Form or filing I-485 (adjustment of status) Read by a model
filed an Application to Adjust Status
What the suit asked for Decide the application Read by a model
bring the present suit asking me to order defendants, federal officials, either under the Mandamus Act, 28 U.S.C. § 1361, or the Administrative Procedures Act ("APA"), 5 U.S.C. §§ 701-706, to act on Lindems's application.
Kind of order A ruling on a motion or the petition Read by a model
IT IS ORDERED that defendants' motion to dismiss is DENIED.
Motion decided Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim Read by a model
Defendants now move to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(1) for lack of subject matter jurisdiction or, alternatively, pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim.
Whose motion The government's motion Read by a model
Defendants now move to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(1) for lack of subject matter jurisdiction or, alternatively, pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim.
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
IT IS ORDERED that defendants' motion to dismiss is DENIED.
Prevailing party Applicant Read by a model
IT IS ORDERED that defendants' motion to dismiss is DENIED.
The delay claim The delay claim goes on Read by a model
IT IS ORDERED that defendants' motion to dismiss is DENIED.
Months pending 71 months from the application to the court's decision Read by a model
On February 15, 2002, pursuant to 8 U.S.C. § 1255(a), plaintiff Arkadijs Lindems, seeking an adjustment of status to permanent resident, filed an Application to Adjust Status
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
Thus, for the foregoing reasons, I conclude that § 1252(a)(2)(B)(ii) does not bar judicial review of the USCIS's nonaction and accordingly will deny defendants' motion to dismiss based on such provision.

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 Seventh 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.