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Mandamus decisions / Eastern District of New York

Weir v. United States Citizenship and Immigration Service

Eastern District of New YorkRoslynn R. MauskopfDecided September 28, 2020No. 2:19-cv-02223

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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
Weir commenced this action on April 16, 2019, requesting that the Court compel USCIS, through Bolivar, to issue a determination on his N-336.
Form or filing N-336; N-400 (naturalization) Read by a model
On April 17, 2019, USCIS issued a notice of decision on the Form N-336, reaffirming the denial of Weir’s N-400.
What the suit asked for Some other action Read by a model
Weir commenced this action on April 16, 2019, requesting that the Court compel USCIS, through Bolivar, to issue a determination on his N-336.
Kind of order A ruling on a motion or the petition Read by a model
For the reasons set forth above, defendants’ motion to dismiss is granted.
Motion decided Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim; Other motion to dismiss Read by a model
Defendants now move to dismiss the complaint under Rules 12(b)(1), 12(b)(5), and 12(b)(6) of the Federal Rules of Civil Procedure.
Whose motion The government's motion Read by a model
Defendants now move to dismiss the complaint under Rules 12(b)(1), 12(b)(5), and 12(b)(6) of the Federal Rules of Civil Procedure.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
Because Weir’s claims against USCIS and Bolivar are moot, they are dismissed for lack of subject matter jurisdiction.
Prevailing party Government Read by a model
Because Weir’s claims against USCIS and Bolivar are moot, they are dismissed for lack of subject matter jurisdiction.
The delay claim Moot: the agency acted Read by a model
Because Weir’s claims against USCIS and Bolivar are moot, they are dismissed for lack of subject matter jurisdiction.
The other claims Dismissed Read by a model
For the reasons set forth above, defendants’ motion to dismiss is granted. Weir is granted leave to amend his complaint within 30 days from the entry of this Memorandum and Order.
Months pending 14.3 months from the application to the suit; 14.3 months from the application to the agency's action Read by a model
On April 17, 2019, USCIS issued a notice of decision on the Form N-336, reaffirming the denial of Weir’s N-400.
Months since the naturalization interview 18.6 months from the interview (2017-09-28) Read by a model
on September 28, 2017, Weir appeared for an interview to determine his eligibility for naturalization.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Held moot Read by a model
Therefore, Weir’s claims against USCIS and Bolivar became moot when USCIS performed the action Weir sought to compel them to perform.

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. How decisions are grouped into cases.

DecisionDecidedJudgeDisposition
Weir v. United States Citizenship and Immigration ServiceThis decision September 28, 2020 Roslynn R. Mauskopf Dismissed
Weir v. United States Citizenship and Immigration ServiceThe case's latest decision: its outcome is the one counted September 22, 2021 Eric Komitee Dismissed

How the case ended

Docket
No. 2:19-cv-02223
Filed
April 16, 2019
Ended
August 15, 2023
Suit's filing to its end
1,582 days
How it ended
Ended once the agency acted
From the record
idb disp 17 (judgment: other), judgment for defendant

A voluntary or stipulated dismissal is how most suits end once the agency acts; the docket rarely says why. Other suits in this court.

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 3, 2026. Check the current status before relying on one.