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Mandamus decisions / Western District of Pennsylvania

El-Daour v. Chertoff

Western District of PennsylvaniaDonetta W. AmbroseDecided August 26, 2005

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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
Plaintiff, a lawful permanent resident, has been awaiting a ruling from the Citizenship and Immigration Services ("CIS") on his naturalization application for almost four years.
Form or filing N-400 (naturalization) Read by a model
Plaintiff, a lawful permanent resident, has been awaiting a ruling from the Citizenship and Immigration Services ("CIS") on his naturalization application for almost four years.
What the suit asked for Naturalization hearing or remand (1447(b)) Read by a model
Given this delay, he asks this Court to either determine his application or remand it to the CIS for a prompt resolution.
Kind of order A ruling on a motion or the petition Read by a model
it is ORDERED that the Motion to Dismiss (Docket No. 15) is denied in part and granted in part.
Motion decided Other motion to dismiss; Remand under 1447(b) Read by a model
It is denied insofar as it sought the dismissal of the action under Rule 12(h) for lack of subject matter jurisdiction. It is granted, however, insofar as it sought alternative relief, a remand of this action to the CIS under 8 U.S.C. § 1447(b)
Whose motion The government's motion Read by a model
The Defendants, Michael Chertoff, Secretary, Department of Homeland Security et. al ("the Defendants") demand dismissal of the Complaint pursuant to Federal Rule of Civil Procedure 12(h)(3) for lack of subject matter jurisdiction.
Disposition Remanded to the agency Sent back to the agency, with or without instructions. Read by a model
Consequently, I must remand the action to the CIS for a prompt resolution once the background check has been completed.
Prevailing party Applicant Read by a model
Accordingly, I will remand this matter to the CIS and instruct them to take action upon El-Daour's application as expeditiously as possible upon receiving the results of the FBI investigation.
The delay claim Remanded to the agency Read by a model
Consequently, I must remand the action to the CIS for a prompt resolution once the background check has been completed.
Months pending 45.6 months from the application to the court's decision A section 1447(b) suit: these months run from the naturalization application. The statute's 120 days run from the interview, which they do not measure. Read by a model
On November 8, 2001, El-Daour applied for naturalization under 8 U.S.C. § 1427 and *680 § 1430(a).
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings None Read by a model
Nationality Palestine Read by a model
Plaintiff Safwat El-Daour ("El-Daour") is a Palestinian national

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.