Passim

Mandamus decisions / District of Massachusetts

Candido v. Miller

District of MassachusettsDenise J. CasperDecided February 21, 2024No. 1:23-cv-11196

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 assigned Candido’s Waiver Application to the Nebraska Service Center, which, as of the filing of the complaint here on May 26, 2023, has an estimated processing time of thirty-eight months.
Form or filing I-601A (provisional waiver) Read by a model
Candido’s I-601A Waiver Application (“Waiver Application”)
What the suit asked for Decide the application Read by a model
seeking an issuance of a writ of mandamus to compel USCIS to adjudicate Candido’s I-601A Waiver Application (“Waiver Application”) (Count I)
Kind of order A ruling on a motion or the petition Read by a model
For the foregoing reasons, the Court ALLOWS Defendants’ motion to dismiss, D. 8.
Motion decided Motion to dismiss for lack of jurisdiction Read by a model
A. Dismissal for Lack of Subject Matter Jurisdiction under Rule 12(b)(1)
Whose motion The government's motion Read by a model
the Court ALLOWS Defendants’ motion to dismiss, D. 8.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
For the foregoing reasons, the Court ALLOWS Defendants’ motion to dismiss, D. 8.
Prevailing party Government Read by a model
For the foregoing reasons, the Court ALLOWS Defendants’ motion to dismiss, D. 8.
The delay claim Dismissed Read by a model
the Court concludes that it lacks subject matter jurisdiction to review USCIS’s delay in adjudication of the Waiver Application and the Court dismisses the claims on this basis.
Months pending 27 months from the application to the suit; 35.9 months from the application to the court's decision Read by a model
Candido filed his Waiver Application on February 22, 2021
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings None Read by a model
Nationality Brazil Read by a model
Candido is a citizen of Brazil

How the case ended

Docket
No. 1:23-cv-11196
Filed
May 26, 2023
Ended
February 21, 2024
Suit's filing to its end
271 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. Other suits in this court.

Supreme Court and First 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.