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Mandamus decisions / Western District of Texas

Geronimo v. Mukasey

Western District of TexasPhilip R. MartinezDecided February 27, 2008

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What the decision decided

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Agency USCIS Read by a model
Moreover, the Court cannot order Customs to process Petitioner's Application or issue him a Certificate of Citizenship because such relief is "beyond the discrete nature of a habeas action."
Form or filing N-400 (naturalization) Read by a model
filed a N-.400 Application for Certificate of Citizenship ("Application for Citizenship")
What the suit asked for Not recorded Read by a model
Kind of order A ruling on a motion or the petition Read by a model
Accordingly, IT IS ORDERED that Respondents Michael Mukasey, Michael Chertoff, Robert Jolicoeur, and Alfredo Campos's "Motion to Dismiss" (Docket No. 5) is GRANTED IN PART and DENIED IN PART.
Motion decided Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim; Preliminary injunction or TRO Read by a model
In their Motion to Dismiss, Respondents assert the case should be dismissed for lack of subject matter jurisdiction and failure to state a claim upon which relief can be granted pursuant to Rules 12(b)(1) and 12(b)(6), respectively, of the Federal Rules of Civil Procedure.
Whose motion The government's motion Read by a model
Accordingly, IT IS ORDERED that Respondents Michael Mukasey, Michael Chertoff, Robert Jolicoeur, and Alfredo Campos's "Motion to Dismiss" (Docket No. 5) is GRANTED IN PART and DENIED IN PART.
Disposition Dismissed in part; some claims go on The government's motion to dismiss was granted in part: some claims were dismissed and others go on. Read by a model
Prevailing party Each side in part Read by a model
The other claims Some dismissed, some go on Read by a model
IT IS FURTHERED ORDERED that Petitioner Manuel Anibal Geronimo's challenge to the propriety of his removal order be TRANSFERRED to the United States Court of Appeals for the Fifth Circuit. IT IS FURTHER ORDERED that Petitioner Manuel Anibal Geronimo's remaining claims be 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; Mootness argument rejected Read by a model
The Court does find, however, that Geronimo's "Motion Requesting an Expedite [sic] Bond Determination and Preliminary Injunction," filed on August 31, 2007, is appropriately rendered moot given his removal.
Nationality Dominican Republic Read by a model
Geronimo, a citizen of the Dominican Republic

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