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Mandamus decisions / District of Colorado

MORENO-GUTIERREZ v. Napolitano

District of ColoradoWilliam J. MartinezDecided June 24, 2011No. 1:10-cv-00605

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
On October 10, 2007, USCIS denied the Petition concluding that the two-year statutory deadline was not subject to any exceptions or tolling.
Form or filing I-360 (special immigrant petition) Read by a model
Plaintiff's I-360 self-petition
What the suit asked for Not recorded Read by a model
Kind of order A ruling on a motion or the petition Read by a model
Accordingly, Defendants' Motion to Dismiss is hereby DENIED.
Motion decided Motion to dismiss for failure to state a claim Read by a model
Before the Court is Defendants' Motion to Dismiss ("Motion") pursuant to Fed.R.Civ.P. 12(b)(6).
Whose motion The government's motion Read by a model
Before the Court is Defendants' Motion to Dismiss ("Motion") pursuant to Fed.R.Civ.P. 12(b)(6).
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
Accordingly, Defendants' Motion to Dismiss is hereby DENIED.
Prevailing party Applicant Read by a model
Accordingly, Defendants' Motion to Dismiss is hereby DENIED.
The other claims The delay claim goes on Read by a model
Accordingly, Defendants' Motion to Dismiss is hereby DENIED.
Months pending 14.9 months from the application to the agency's action Read by a model
On October 10, 2007, USCIS denied the Petition concluding that the two-year statutory deadline was not subject to any exceptions or tolling.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings None Read by a model
Nationality Mexico Read by a model
Plaintiff Candelaria Moreno-Gutierrez is a native and citizen of Mexico.

How the case ended

Docket
No. 1:10-cv-00605
Filed
March 16, 2010
Ended
June 13, 2012
Suit's filing to its end
820 days
How it ended
Dismissed on jurisdiction or the merits
From the record
idb disp 6 (judgment: motion before trial), judgment for defendant

A voluntary or stipulated dismissal is how most suits end once the agency acts; the docket rarely says why.

Supreme Court and Tenth 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.