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Mandamus decisions / Northern District of Illinois

Koleda v. Jaddou

Northern District of IllinoisRebecca R. PallmeyerDecided April 18, 2024No. 1:23-cv-15064

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
And because the decision to remove is discretionary, the court may not make that decision for USCIS.
Form or filing I-485 (adjustment of status) Read by a model
Subsequently, on May 5, 2021, Koleda filed an I-485 application.
What the suit asked for Some other action Read by a model
In a supplemental motion [11], Koleda asks the court for a writ of mandamus ordering the Secretary of the Department of Homeland Security (“DHS”) to initiate the removal process, thus enabling her to renew her adjustment application as a defense in those proceedings.
Kind of order A ruling on a motion or the petition Read by a model
The motion to dismiss [13] is granted. The Clerk is directed to enter judgment in favor of Defendants.
Motion decided Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim Read by a model
In response, Defendants filed a second motion to dismiss, at issue here, which argues that the court lacks subject matter jurisdiction and that, alternatively, Plaintiff has failed to state a claim.
Whose motion The government's motion Read by a model
In response, Defendants filed a second motion to dismiss, at issue here, which argues that the court lacks subject matter jurisdiction and that, alternatively, Plaintiff has failed to state a claim.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
But the court lacks jurisdiction to grant this petition. The motion to dismiss [13] is granted. The Clerk is directed to enter judgment in favor of Defendants.
Prevailing party Government Read by a model
The Clerk is directed to enter judgment in favor of Defendants.
The delay claim Dismissed Read by a model
The motion to dismiss [13] is granted. The Clerk is directed to enter judgment in favor of Defendants.
Months pending 29.4 months from the application to the suit The agency acted before this decision, so the months up to the decision are not a delay and are not shown. Read by a model
Subsequently, on May 5, 2021, Koleda filed an I-485 application.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Held moot Read by a model
Both Koleda’s first complaint and Defendants’ first motion to dismiss are mooted by their more recent filings, as the relief Koleda sought in her first complaint (adjudication of her pending I-485 petition) has already been granted.
Nationality Poland Read by a model
Babara Koleda is a Polish citizen who seeks permanent residency in the United States.

How the case ended

Docket
No. 1:23-cv-15064
Filed
October 17, 2023
Ended
April 18, 2024
Suit's filing to its end
184 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 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.