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Mandamus decisions / Southern District of New York

Hanif v. Gantner

Southern District of New YorkMarreroDecided May 11, 2005

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
Although CIS may owe Hanif a nondiscretionary duty to adjudicate his adjustment of status application at some point in time
Form or filing I-485 (adjustment of status) Read by a model
On or about April 8, 2005, Hanif applied to adjust his status to that of a lawful permanent resident.
What the suit asked for Decide the application Read by a model
compel Mary Ann Gantner ("Gantner"), New York District Director of United States Citizenship and Immigration Services ("CIS"), and those acting under her to adjudicate Hanif's application to adjust his immigration status to that of a lawful permanent resident
Kind of order A ruling on a motion or the petition Read by a model
The Court hereby amends the April 29th Order to rule exclusively that this action is dismissed based on a lack of subject matter jurisdiction, without ruling on the merits.
Motion decided Preliminary injunction or TRO Read by a model
Plaintiff's Application for a Temporary Stay of Removal
Whose motion The plaintiff's motion Read by a model
denying the request of plaintiff Azam Hanif ("Hanif") for an order compelling defendants to adjudicate his application for adjustment of status
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
The Court hereby amends the April 29th Order to rule exclusively that this action is dismissed based on a lack of subject matter jurisdiction, without ruling on the merits.
Prevailing party Government Read by a model
The Court hereby amends the April 29th Order to rule exclusively that this action is dismissed based on a lack of subject matter jurisdiction, without ruling on the merits.
The delay claim Dismissed Read by a model
The Court hereby amends the April 29th Order to rule exclusively that this action is dismissed based on a lack of subject matter jurisdiction, without ruling on the merits.
The other claims Dismissed Read by a model
Therefore, the Court finds that it lacks subject matter jurisdiction under Section 1331 over Hanif's request of a stay of removal.
Months pending 1.1 months from the application to the court's decision Read by a model
On or about April 8, 2005, Hanif applied to adjust his status to that of a lawful permanent resident.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings None Read by a model
Nationality Pakistan Read by a model
Hanif is a citizen of Pakistan

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 Second 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 14, 2026. Check the current status before relying on one.