Passim

Mandamus decisions / Middle District of Florida

Izraileva v. Chertoff

Middle District of FloridaJames D. WhittemoreDecided October 23, 2007

Read the decisionOriginal on CourtListener

2,996 written decisions from 2,731 cases in the whole mandamus and agency-delay group, the group's newest decided November 12, 2026. Updated November 14, 2026 at 1:17 a.m. CT; the Passim connector counts the live collection, which can differ by the day's additions and retirements (which total to quote). Coverage: of the 1,617 public decisions since January 1, 2025 that a CourtListener and GovInfo search for mandamus and agency delay finds, Passim holds 1,406 (87%), 1,039 of them in this group, measured November 14, 2026. Some of what that search finds are not mandamus decisions. Tell us about a decision we're missing.

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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
According to the Complaint, Plaintiff applied for naturalization on August 30, 2004 and was interviewed by U.S. Citizenship and Immigration Services ("CIS") on March 22, 2005.
Form or filing N-400 (naturalization) Read by a model
Plaintiff filed an application for naturalization on August 30, 2004
What the suit asked for Naturalization hearing or remand (1447(b)) Read by a model
Plaintiff filed the instant action pursuant to 8 U.S.C. § 1447(b), requesting a hearing before the district court
Kind of order A ruling on a motion or the petition Read by a model
Defendants' Motion to Dismiss Complaint (Dkt. 10) is DENIED.
Motion decided Motion to dismiss for lack of jurisdiction Read by a model
This Court has subject matter jurisdiction. Defendants' Motion to Dismiss is therefore properly DENIED.
Whose motion The government's motion Read by a model
Defendants' Motion to Dismiss Complaint (Dkt. 10) is DENIED.
Disposition Government's motion denied; the case goes on The government's motion (to dismiss, or for summary judgment) was denied, so the case goes on. Counted as the applicant's ruling; a later decision in the case can still go either way. Read by a model
Defendants' Motion to Dismiss Complaint (Dkt. 10) is DENIED.
Prevailing party Applicant Read by a model
Defendants' Motion to Dismiss Complaint (Dkt. 10) is DENIED.
The delay claim The delay claim goes on Read by a model
Defendants' Motion to Dismiss Complaint (Dkt. 10) is DENIED.
Months pending 28.2 months from the application to the suit; 37.7 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
Plaintiff applied for naturalization on August 30, 2004
Months since the naturalization interview 24.7 months from the interview (2005-03-22) Read by a model
Plaintiff filed an application for naturalization on August 30, 2004, and was interviewed by CIS on March 22, 2005.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Mootness argument rejected Read by a model
The subsequent adjudication of Plaintiff's naturalization application was therefore a nullity and did not render this action moot.

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 Eleventh 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.