Passim

Mandamus decisions / Southern District of New York

Bustamante v. Chertoff

Southern District of New YorkMcMAHONDecided January 29, 2008

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
While this action was pending, CIS denied Bustamante's application.
Form or filing N-400 (naturalization) Read by a model
Carlos Bustamante filed an application for naturalization as a U.S. citizen on October 16, 2006.
What the suit asked for Naturalization hearing or remand (1447(b)) Read by a model
On July 5, 2007, Bustamante filed his complaint pursuant to § 1447(b). He asked this court to adjudicate his naturalization application, or in the alternative to remand the matter to CIS with instructions to grant the application.
Kind of order A ruling on a motion or the petition Read by a model
Therefore, Defendant's motion to dismiss is GRANTED.
Motion decided Other motion to dismiss Read by a model
The defendants then filed the present motion to dismiss Bustamante's § 1447(b) complaint as moot.
Whose motion The government's motion Read by a model
The defendants then filed the present motion to dismiss Bustamante's § 1447(b) complaint as moot.
Disposition Dismissed as moot Dismissed or denied as moot because the agency acted. Read by a model
For tie foregoing reasons, the instant, action is dismissed as moot.
Prevailing party Neither side Read by a model
For tie foregoing reasons, the instant, action is dismissed as moot.
The delay claim Moot: the agency acted Read by a model
For tie foregoing reasons, the instant, action is dismissed as moot.
Months pending 8.6 months from the application to the suit; 10.3 months from the application to the agency's action A section 1447(b) suit: these months run from the naturalization application. The statute's 120 days run from the interview, which they do not measure. Read by a model
On August 24, 2007 — six weeks after suit was filed — CIS issued a decision denying Bustamante's application.
Months since the naturalization interview 6.7 months from the interview (2007-02-01) Read by a model
His initial examination took place on February 1, 2007.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Held moot Read by a model
For tie foregoing reasons, the instant, action is dismissed as moot.

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 14, 2026. Check the current status before relying on one.