Passim

Mandamus decisions / Southern District of New York

Qi v. United States Citizenship & Immigration Services

Southern District of New YorkJennifer L. RochonDecided May 17, 2024No. 1:23-cv-08843

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
Gao Qi (“Plaintiff”) filed an asylum application with United States Citizenship and Immigration Services (“USCIS”) in 2020.
Form or filing I-589 (asylum) Read by a model
USCIS received Plaintiff’s Form I-589 application for asylum on October 13, 2020.
What the suit asked for Decide the asylum application Read by a model
Plaintiff requests that USCIS’s Asylum Office “issue a Notice of Interview” so that his “asylum application can continue [through the] process.”
Kind of order A ruling on a motion or the petition Read by a model
For the reasons set forth above, the Government’s motion to dismiss is GRANTED.
Motion decided Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim Read by a model
On November 7, 2023, the Government moved to dismiss under Federal Rule of Civil Procedure (“Rule”) 12(b)(1) and Rule 12(b)(6).
Whose motion The government's motion Read by a model
The Government has moved to dismiss.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
For the reasons set forth above, the Government’s motion to dismiss is GRANTED.
Prevailing party Government Read by a model
For the reasons set forth above, the Government’s motion to dismiss is GRANTED.
The delay claim Dismissed Read by a model
The Court thus grants the Government’s motion to dismiss Plaintiff’s APA claim under Rule 12(b)(6).
The other claims Dismissed Read by a model
Thus, the Court dismisses Plaintiff’s claim alleging a violation of due process.
Months pending 31 months from the application to the suit; 43.1 months from the application to the court's decision Read by a model
USCIS received Plaintiff’s Form I-589 application for asylum on October 13, 2020.
TRAC factors The court weighed the TRAC factors
  • 1. Rule of reasonfavors the government
  • 2. Congressional timetablefavors the applicant
  • 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 TRAC factor weighs in favor of the Government.
The government's delay arguments First-in, first-out processing accepted; Line-jumping accepted Read by a model
The Court finds their analyses persuasive and agrees with them. Accordingly, the first TRAC factor weighs in favor of the Government.
Threshold rulings None Read by a model
Nationality China Read by a model
Plaintiff is a citizen of China.

How the case ended

Docket
No. 1:23-cv-08843
Filed
October 7, 2023
Ended
May 17, 2024
Suit's filing to its end
223 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 Second 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.