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Mandamus decisions / Southern District of New York

Kim v. Ashcroft

Southern District of New YorkScheindlinDecided July 27, 2004

Read the decisionOriginal on CourtListener

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What the decision decided

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Agency USCIS Read by a model
Rather, he is requesting that the CIS adjudicate his application within a reasonable time.
Form or filing I-485 (adjustment of status) Read by a model
on August 23, 2000, Kim filed a "Form I-485," seeking an adjustment of his immigration status to that of a lawful permanent resident
What the suit asked for Decide the application Read by a model
Kim seeks to "compel action" on his Form 485, alleging that defendants "are improperly withholding action on said application to [his] detriment."
Kind of order A ruling on a motion or the petition Read by a model
For the foregoing reasons, defendants' motion to dismiss is denied in its entirety.
Motion decided Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim Read by a model
Defendants now move to dismiss the action for lack of subject matter jurisdiction or, in the alternative, for failure to state a claim upon which relief can be granted.
Whose motion The government's motion Read by a model
Defendants now move to dismiss the action for lack of subject matter jurisdiction or, in the alternative, for failure to state a claim upon which relief can be granted.
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
For the foregoing reasons, defendants' motion to dismiss is denied in its entirety.
Prevailing party Applicant Read by a model
For the foregoing reasons, defendants' motion to dismiss is denied in its entirety.
The delay claim The delay claim goes on Read by a model
For the foregoing reasons, defendants' motion to dismiss is denied in its entirety.
Months pending 42.3 months from the application to the suit; 47.1 months from the application to the court's decision Read by a model
on August 23, 2000, Kim filed a "Form I-485,"
TRAC factors The court did not weigh the TRAC factors Read by a model
The government's delay arguments Visa availability rejected Read by a model
Thus, Kim alleges that he filed the visa petition and adjustment application "concurrently," which he is entitled to do given his claimed status as the immediate relative of a U.S. citizen.
Threshold rulings None Read by a model
Nationality South Korea Read by a model
Kim, a Korean citizen, entered the United States in September 1991, using a visitor's ("B-2") visa.

How the case ended

This decision is not linked to a docket in the docket record yet, so how the case ended is not shown.

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.