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Mandamus decisions / Northern District of California

Jain v. Jaddou

Northern District of CaliforniaVirginia K. DeMarchiDecided March 31, 2023No. 5:21-cv-03115

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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
They allege that U.S. Citizenship and Immigration Services (“USCIS”) has unreasonably delayed adjudication of their Form I-526 petitions, and they seek judicial review of the agency’s action under the Administrative Procedure Act, 5 U.S.C. §§ 555(b), 706(1).
Form or filing I-526 (investor petition) Read by a model
Each plaintiff filed a Form I-526 petition in 2019
What the suit asked for Decide the application Read by a model
They ask the Court to enter an order declaring USCIS’s delays unreasonable and compelling the agency to adjudicate their petitions within 30 days.
Kind of order A ruling on a motion or the petition Read by a model
Accordingly, the Court grants USCIS’s motion for summary judgment and denies plaintiffs’ motion for summary judgment.
Motion decided Summary judgment Read by a model
Accordingly, the Court grants USCIS’s motion for summary judgment and denies plaintiffs’ motion for summary judgment.
Whose motion Cross-motions Read by a model
On August 18, 2022, USCIS moved for summary judgment. Dkt. No. 56. Plaintiffs opposed the motion and cross-moved for summary judgment.
Disposition Granted in the government's favor The principal motion was granted in full: summary judgment for either side, an injunction or TRO, a writ or order to act, fees. A motion to dismiss granted in full counts as Dismissed; a transfer is listed apart. Read by a model
Accordingly, the Court grants USCIS’s motion for summary judgment and denies plaintiffs’ motion for summary judgment.
Prevailing party Government Read by a model
Accordingly, the Court grants USCIS’s motion for summary judgment and denies plaintiffs’ motion for summary judgment.
The delay claim Relief denied Read by a model
Accordingly, the Court grants USCIS’s motion for summary judgment and denies plaintiffs’ motion for summary judgment.
Months pending 45 months from the application to the court's decision Read by a model
Each plaintiff filed a Form I-526 petition in 2019
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 government
  • 4. Competing prioritiesfavors the government
  • 5. Interests prejudicedfavors the government
  • 6. No impropriety neededneutral
Read by a model
The first TRAC factor weighs in favor of USCIS.
The government's delay arguments First-in, first-out processing accepted; Line-jumping accepted Read by a model
For each country of chargeability, earlier filed petitions have higher priority, and USCIS provides undisputed evidence of each plaintiffs’ position in the applicable processing queue as of August 17, 2022.
Threshold rulings None Read by a model
Nationality India Read by a model
Plaintiffs are nationals of India, the Czech Republic, Afghanistan, Nigeria, Canada, and the United Kingdom.

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
Jain v. Jaddou June 16, 2021 Virginia K. DeMarchi Denied in the government's favor
Jain v. JaddouThis decisionThe case's latest decision: its outcome is the one counted March 31, 2023 Virginia K. DeMarchi Granted in the government's favor

How the case ended

Docket
No. 5:21-cv-03115
Filed
April 28, 2021
Ended
April 3, 2023
Suit's filing to its end
369 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 Ninth 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.