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Mandamus decisions / District of Nebraska

Museboyina v. Jaddou

District of NebraskaBrian C. BuescherDecided February 1, 2023No. 4:22-cv-03169

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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
His third cause of action, which appears to be against USCIS only, alleges unreasonable delay in making a decision on his Form I-485 Application in violation of the APA, making USCIS’s delay arbitrary and capricious, citing 5 U.S.C. §§ 555(b), 706.
Form or filing I-485 (adjustment of status) Read by a model
Museboyina’s claims arise from allegedly unreasonable delays in the adjudication of his employment-based “adjustment of status” application for permanent residency, Form I-485
What the suit asked for Decide the application Read by a model
214. Enter an order compelling USCIS to make a decision on Plaintiff’s adjustment of status applications within 30 days
Kind of order A ruling on a motion or the petition Read by a model
IT IS ORDERED that this case, in its entirety, is dismissed without prejudice for lack of subject matter jurisdiction.
Motion decided Motion to dismiss for lack of jurisdiction Read by a model
Shortly thereafter, Defendants challenged the Court’s subject matter jurisdiction in a Motion to Dismiss Museboyina’s Amended Complaint.
Whose motion The government's motion Read by a model
Shortly thereafter, Defendants challenged the Court’s subject matter jurisdiction in a Motion to Dismiss Museboyina’s Amended Complaint.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
Upon the foregoing, IT IS ORDERED that this case, in its entirety, is dismissed without prejudice for lack of subject matter jurisdiction.
Prevailing party Government Read by a model
Upon the foregoing, IT IS ORDERED that this case, in its entirety, is dismissed without prejudice for lack of subject matter jurisdiction.
The delay claim Dismissed Read by a model
Because standing is lacking, this Court lacks subject matter jurisdiction over Museboyina’s claims.
The other claims Dismissed Read by a model
IT IS ORDERED that this case, in its entirety, is dismissed without prejudice for lack of subject matter jurisdiction.
Months pending Not stated at filing 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
Museboyina filed a Form I- 485 for permanent residency on October 14, 2014, which USCIS accepted and assigned to the Nebraska Service Center.
TRAC factors The court did not weigh the TRAC factors Read by a model
The government's delay arguments Visa availability accepted Read by a model
As Defendants argue, neither USCIS, nor DOS, nor the Court can issue visas contrary to limits set by Congress in 8 U.S.C. §§ 1151–1153.
Threshold rulings Held moot Read by a model
Thus, Museboyina’s claims are also subject to dismissal for lack of subject matter jurisdiction because they are moot.
Nationality India Read by a model
Plaintiff Harish Museboyina, a citizen and national of India

Other orders in this case

The group holds 2 decisions from this suit, oldest first. Outcome counts on these pages count the case once, by its latest decision, this one. How decisions are grouped into cases.

DecisionDecidedJudgeDisposition
Museboyina v. Jaddou September 30, 2022 Brian C. Buescher Denied in the government's favor
Museboyina v. JaddouThis decisionThe case's latest decision: its outcome is the one counted February 1, 2023 Brian C. Buescher Dismissed

How the case ended

Docket
No. 4:22-cv-03169
Filed
August 19, 2022
Ended
February 1, 2023
Suit's filing to its end
166 days
How it ended
Dismissed on jurisdiction or the merits
From the record
idb disp 3 (dismissed: lack of jurisdiction)

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 Eighth 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.