Mandamus decisions / District of New Jersey

Omar v. Mueller

District of New JerseyCheslerDecided August 14, 2007

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
As discussed above, the USCIS is not required to process a naturalization application or conduct an interview within a certain time period.
Form or filing I-751 (removal of conditions); N-400 (naturalization) Read by a model
their joint 1-751 application to remove conditions on Mr. Omar's permanent residence and on Mr. Omar's N-400 application for naturalization.
What the suit asked for Decide the application Read by a model
Plaintiffs have failed to establish a clear and indisputable right to the relief sought, that is, to have this Court compel the USCIS to process Mr. Omar's naturalization application, or to establish that Defendants have a duty to do so.
Kind of order A ruling on a motion or the petition Read by a model
For the foregoing reasons, the Court grants Defendants' motion to dismiss.
Motion decided Motion to dismiss for lack of jurisdiction Read by a model
Accordingly, the action must be dismissed for lack of subject matter jurisdiction. Fed.R.Civ.P. 12(b)(1) and 12(h)(3).
Whose motion The government's motion Read by a model
motion to dismiss filed by Defendants Robert S. Mueller, Michael Chertoff, Emilio Gonzalez and Donald Monica
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
For the reasons that follow, the Court grants Defendants' motion and dismisses the action for lack of jurisdiction.
Prevailing party Government Read by a model
For the reasons that follow, the Court grants Defendants' motion and dismisses the action for lack of jurisdiction.
The delay claim Dismissed Read by a model
Accordingly, the action must be dismissed for lack of subject matter jurisdiction.
Months pending 45.2 months from the application to the suit 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
Mr. Omar also filed an application for naturalization (form N-400) on or about May 12, 2003.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Held moot Read by a model
Plaintiffs' claims are moot, because the Court "cannot grant any effectual relief whatever" in favor of Plaintiffs with respect to the I-751 petition.

How the case ended

This decision is not linked to a docket in the docket record yet, so how the case ended is not shown.

Supreme Court and Third 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.