Mandamus decisions / District of Nebraska

Argueta v. Jaddou

District of NebraskaBrian C. BuescherDecided November 21, 2023No. 4:23-cv-03002

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
Plaintiffs are eleven U visa petitioners who have sued defendant Director of U.S. Citizenship and Immigration Services (Defendant or USCIS), asking the Court to order USCIS to take several agency actions related to Plaintiffs’ U visa applications.
Form or filing I-918 (U visa) Read by a model
Plaintiffs are eleven U visa petitioners
What the suit asked for Some other action Read by a model
Plaintiffs seek to compel various agency actions by USCIS, namely, order the agency to make WLDs and issue advance parole.
Kind of order A ruling on a motion or the petition Read by a model
Accordingly, IT IS ORDERED that Defendant's Motion to Dismiss, Filing 29, is granted.
Motion decided Motion to dismiss for lack of jurisdiction Read by a model
For these reasons, the Court grants Defendants’ Motion to Dismiss for lack of subject matter jurisdiction pursuant to Rule 12(b)(1).
Whose motion The government's motion Read by a model
On August 24, 2023, Defendant filed the Motion to Dismiss the Amended Complaint that is presently before the Court.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
The domestic plaintiffs lack standing to bring their claims, Palacios’s claims are moot, and the Penases’ claims are unripe. All claims in this case are dismissed.
Prevailing party Government Read by a model
All claims in this case are dismissed. Accordingly, IT IS ORDERED that Defendant's Motion to Dismiss, Filing 29, is granted.
The delay claim Dismissed Read by a model
The domestic plaintiffs lack standing to bring their claims, Palacios’s claims are moot, and the Penases’ claims are unripe. All claims in this case are dismissed.
The other claims Dismissed Read by a model
All claims in this case are dismissed.
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
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Held moot Read by a model
The domestic plaintiffs lack standing to bring their claims, Palacios’s claims are moot, and the Penases’ claims are unripe.
U visa claims Other U visa claim: dismissed; Waiting list: dismissed Read by a model
Thus, the domestic plaintiffs’ claims based on advance parole are dismissed for lack of subject matter jurisdiction.

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. How decisions are grouped into cases.

DecisionDecidedJudgeDisposition
Argueta v. JaddouThis decision November 21, 2023 Brian C. Buescher Dismissed
Argueta v. JaddouThe case's latest decision: its outcome is the one counted February 15, 2024 Brian C. Buescher Denied in the government's favor

How the case ended

Docket
No. 4:23-cv-03002
Filed
January 9, 2023
Ended
November 21, 2023
Suit's filing to its end
316 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 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.