Passim

Mandamus decisions / Northern District of Georgia

Edobor v. Onyango

Northern District of GeorgiaTotenbergDecided May 10, 2013No. 1:12-cv-03632

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
The USCIS took no action on Plaintiffs application for more than one year.
Form or filing N-400 (naturalization) Read by a model
On June 16, 2011, Plaintiff filed a Form N-400 Application for Naturalization with the United States Citizenship and Immigration Services (hereinafter “USCIS”).
What the suit asked for Naturalization hearing or remand (1447(b)) Read by a model
this Complaint is being filed so that this honorable Court shall retain exclusive jurisdiction in Plaintiff’s naturalization application and decide the matter pursuant to INA Section 336(b), 8 U.S.C. § 1447(b).
Kind of order A ruling on a motion or the petition Read by a model
For the foregoing reasons, Defendant’s Motion to Dismiss [Doc. 7] is DENIED.
Motion decided Other motion to dismiss; Remand under 1447(b) Read by a model
Defendant’s Motion to Dismiss [Doc. 7] is therefore DENIED. Not surprisingly, in a last ditch effort, Defendants request in their Reply that the Court remand this matter to US-CIS for a determination of Plaintiffs application for naturalization.
Whose motion The government's motion Read by a model
This matter is before the Court on Defendant’s Motion to Dismiss [Doc. 7].
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, Defendant’s Motion to Dismiss [Doc. 7] is DENIED.
Prevailing party Applicant Read by a model
Defendant’s Motion to Dismiss [Doc. 7] is therefore DENIED.
The delay claim The delay claim goes on Read by a model
For the foregoing reasons, Defendant’s Motion to Dismiss [Doc. 7] is DENIED.
Months pending 16.1 months from the application to the suit; 22.8 months from the application to the court's decision 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 June 16, 2011, Plaintiff filed a Form N-400 Application for Naturalization with the United States Citizenship and Immigration Services (hereinafter “USCIS”).
Months since the naturalization interview 16.3 months from the interview (2011-10-12) Read by a model
On October 12, 2011, Plaintiff completed his application interview/examination and successfully passed his English and U.S. history tests.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Mootness argument rejected Read by a model
Defendants’ view that USCIS retains authority to decide a naturalization application after a § 1447(b) petition is filed and the subsequent denial of the application renders moot Plaintiffs Complaint is not supported by the text of the statute
Nationality Canada Read by a model
Plaintiff John Según Edobor is a citizen of Canada and Liberia and a lawful permanent resident of the United States.

How the case ended

Docket
No. 1:12-cv-03632
Filed
October 18, 2012
Ended
June 11, 2013
Suit's filing to its end
236 days
How it ended
Remanded to the agency
From the record
idb disp 11 (remanded to U.S. agency)

A voluntary or stipulated dismissal is how most suits end once the agency acts; the docket rarely says why.

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.