Mandamus decisions / District of Massachusetts

Avdeeva v. Smith

District of MassachusettsIndira TalwaniDecided June 9, 2022

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
USCIS granted Avdeeva’s naturalization petition on August 17, 2020, and administered the oath of allegiance the same day; she is now a United States citizen.
Form or filing N-400 (naturalization) Read by a model
On May 9, 2019, Avdeeva applied for naturalization.
What the suit asked for Naturalization hearing or remand (1447(b)) Read by a model
asked the court to take jurisdiction over her naturalization application pursuant to 8 U.S.C. § 1447(b).
Kind of order An order on fees Read by a model
For the reasons set forth above, Avdeeva’s Motion for Attorney’s Fees [Doc. No. 46] is DENIED.
Motion decided Fees under EAJA Read by a model
Pending before the court is Plaintiff Diana Avdeeva’s Motion for Attorney’s Fees [Doc. No. 46] pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412.
Whose motion The plaintiff's motion Read by a model
Pending before the court is Plaintiff Diana Avdeeva’s Motion for Attorney’s Fees [Doc. No. 46] pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412.
Disposition Attorney's fees An order on attorney's fees or costs after the case, counted for the side that won the fee motion. Read by a model
For the reasons set forth above, Avdeeva’s Motion for Attorney’s Fees [Doc. No. 46] is DENIED.
Prevailing party Government Read by a model
For the reasons set forth above, Avdeeva’s Motion for Attorney’s Fees [Doc. No. 46] is DENIED.
The delay claim Not decided here Read by a model
For the reasons set forth above, Avdeeva’s Motion for Attorney’s Fees [Doc. No. 46] is DENIED.
Months pending 9.5 months from the application to the suit; 15.3 months from the application to the agency's action 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
USCIS granted Avdeeva’s naturalization petition on August 17, 2020, and administered the oath of allegiance the same day; she is now a United States citizen.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings None Read by a model

Other orders in this case

The group holds 2 decisions from this suit, oldest first. Outcome counts on these pages count the case once, by its latest decision, this one. How decisions are grouped into cases.

DecisionDecidedJudgeDisposition
Avdeeva v. Smith June 1, 2021 Indira Talwani Stipulated or agreed order
Avdeeva v. SmithThis decisionThe case's latest decision: its outcome is the one counted June 9, 2022 Indira Talwani Attorney's fees

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 First 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.