Passim

Mandamus decisions / Southern District of Texas

Ataman v. Daum

Southern District of TexasAndrew S HanenDecided September 23, 2024No. 4:23-cv-02637

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
In July 2019, Plaintiff, a native and citizen of Turkey, sought asylum in the United States by filing an application with the United States Citizenship and Immigration Services (“USCIS”).
Form or filing I-589 (asylum) Read by a model
Plaintiff seeks to compel Defendants to make a final determination on Plaintiff’s asylum application “within two weeks.”
What the suit asked for Decide the asylum application Read by a model
Plaintiff seeks to compel Defendants to make a final determination on Plaintiff’s asylum application “within two weeks.”
Kind of order A ruling on a motion or the petition Read by a model
the Court DENIES IN PART and GRANTS IN PART Defendants’ Motion to Dismiss and GRANTS their Motion for Summary Judgment.
Motion decided Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim; Summary judgment Read by a model
Here, Defendants move to dismiss under both Rule 12(b)(1) for lack of subject matter jurisdiction and Rule 12(b)(6) for failure to state a plausible claim for relief. Alternatively, they move for summary judgment under Rule 56.
Whose motion The government's motion Read by a model
Defendants have moved to dismiss the case for lack of subject matter jurisdiction and failure to state a claim upon which relief can be granted, or, in the alternative, 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
GRANTS their Motion for Summary Judgment as to Plaintiff’s APA claim.
Prevailing party Government Read by a model
For the foregoing reasons, this Court GRANTS IN PART Defendants’ Motion to Dismiss as to lack of jurisdiction over Plaintiff's mandamus claim and GRANTS their Motion for Summary Judgment as to Plaintiff’s APA claim.
The delay claim Relief denied Read by a model
For the foregoing reasons, this Court GRANTS IN PART Defendants’ Motion to Dismiss as to lack of jurisdiction over Plaintiff's mandamus claim and GRANTS their Motion for Summary Judgment as to Plaintiff’s APA claim.
Months pending 62.3 months from the application to the court's decision Read by a model
In July 2019, Plaintiff, a native and citizen of Turkey, sought asylum in the United States by filing an application with the United States Citizenship and Immigration Services (“USCIS”).
TRAC factors The court weighed the TRAC factors
  • 1. Rule of reasonfavors the government
  • 2. Congressional timetablefavors the government
  • 3. Human health and welfarefavors the applicant
  • 4. Competing prioritiesneutral
  • 5. Interests prejudicedfavors the government
  • 6. No impropriety neededfavors the government
Read by a model
Thus, this Court agrees with those courts and holds that the first factor favors Defendants.
The government's delay arguments First-in, first-out processing accepted; Line-jumping found neutral Read by a model
In response, Plaintiff does not direct the Court to any contrary authority. Thus, this Court agrees with those courts and holds that the first factor favors Defendants.
Threshold rulings None Read by a model
Nationality Turkey Read by a model
In July 2019, Plaintiff, a native and citizen of Turkey, sought asylum in the United States by filing an application with the United States Citizenship and Immigration Services (“USCIS”).

How the case ended

Docket
No. 4:23-cv-02637
Filed
July 19, 2023
Ended
September 23, 2024
Suit's filing to its end
432 days
How it ended
Ended, outcome not recorded
From the record
idb disp 6 (judgment: motion before trial), judgment for unknown

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 Fifth 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.