Passim

Mandamus decisions / Southern District of Florida

Mafundu v. MAYORKAS

Southern District of FloridaRodolfo A. Ruiz, IIDecided August 8, 2023No. 0:23-cv-60611

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
Mafundu’s Form I-601A has been pending with U.S. Citizenship and Immigration Services (“USCIS”) since July 9, 2021.
Form or filing I-601A (provisional waiver) Read by a model
Plaintiffs Wendy Mafundu and George Zagros filed this action to compel Defendants to issue a decision on Mafundu’s pending Form I-601A.
What the suit asked for Decide the application Read by a model
Plaintiffs Wendy Mafundu and George Zagros filed this action to compel Defendants to issue a decision on Mafundu’s pending Form I-601A.
Kind of order A ruling on a motion or the petition Read by a model
Defendants’ Motion, [ECF No. 14], is GRANTED.
Motion decided Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim Read by a model
Defendants move to dismiss this case because (1) the Court does not have jurisdiction over this dispute; (2) Plaintiffs lack standing; and (3) Plaintiffs have failed to state a claim upon which relief can be granted.
Whose motion The government's motion Read by a model
Defendants’ Motion to Dismiss Amended Petition for Writ of Mandamus and Complaint for Administrative Procedures Act Judicial Review, Declaratory Relief, and Injunctive Relief
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
This case is DISMISSED for lack of subject matter jurisdiction.
Prevailing party Government Read by a model
Defendants’ Motion, [ECF No. 14], is GRANTED.
The delay claim Dismissed Read by a model
This case is DISMISSED for lack of subject matter jurisdiction.
Months pending 20.6 months from the application to the suit; 25 months from the application to the court's decision Read by a model
Mafundu then filed her Form I-601A, the relevant application to receive a provisional unlawful presence waiver, on July 9, 2021.
TRAC factors The court weighed the TRAC factors
  • 1. Rule of reasonfavors the government
  • 2. Congressional timetablefavors the government
  • 3. Human health and welfarefavors the applicant
  • 4. Competing prioritiesfavors the government
  • 5. Interests prejudicedfavors the applicant
  • 6. No impropriety neededneutral
Read by a model
Accordingly, the first and most important TRAC factor weighs heavily in Defendants’ favor.
The government's delay arguments First-in, first-out processing accepted; Line-jumping accepted Read by a model
Courts routinely hold USCIS’s first-in, first-out policy is a rule of reason that satisfies the first TRAC factor.
Threshold rulings APA adequate-remedy bar applied (mandamus claim fails) Read by a model
while the Court concludes below that it does not have jurisdiction over Plaintiffs’ Administrative Procedure Act (“APA”) claims, to the extent jurisdiction exists over such claims, they provide an adequate remedy to Plaintiffs.
Nationality Zimbabwe Read by a model
Mafundu is a citizen of Zimbabwe

How the case ended

Docket
No. 0:23-cv-60611
Filed
March 29, 2023
Ended
August 8, 2023
Suit's filing to its end
132 days
How it ended
Ended, outcome not recorded
From the record
terminated; no disposition recorded

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 Eleventh 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.