Passim

Mandamus decisions / District of Minnesota

Lopez Ruiz v. Tritten

District of MinnesotaEric C. TostrudDecided October 18, 2019No. 0:19-cv-00958

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
In May 2017, Herbert filed an application with United States Citizenship and Immigration Services (“USCIS”) to adjust his immigration status to become a lawful permanent resident.
Form or filing I-485 (adjustment of status) Read by a model
Herbert also filed an I-485 Application to Register Permanent Residence or Adjust Status seeking to become a lawful permanent resident based on the marriage.
What the suit asked for Decide the application Read by a model
Here, Herbert seeks a declaration that he is eligible to adjust his status through USCIS to become a lawful permanent resident and an order compelling USCIS to adjudicate his application.
Kind of order A ruling on a motion or the petition Read by a model
Defendant’s motion to dismiss [ECF No. 11] is GRANTED;
Motion decided Motion to dismiss for lack of jurisdiction Read by a model
Because there is not subject-matter jurisdiction over Herbert’s claim, Defendants’ Rule 12(b)(1) motion must be granted, and the absence of subject-matter jurisdiction precludes consideration of Defendants’ Rule 12(b)(6) motion.
Whose motion The government's motion Read by a model
Defendants have moved to dismiss the case under Federal Rule of Civil Procedure 12(b)(1), or alternatively Rule 12(b)(6).
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
This action is DISMISSED WITHOUT PREJUDICE for lack of subject- matter jurisdiction.
Prevailing party Government Read by a model
This action is DISMISSED WITHOUT PREJUDICE for lack of subject- matter jurisdiction.
The other claims Dismissed Read by a model
This action is DISMISSED WITHOUT PREJUDICE for lack of subject- matter jurisdiction.
Months pending 23 months from the application to the suit; 21.1 months from the application to the agency's action Read by a model
USCIS approved the I-130 petition on September 12, 2018; however, it denied Herbert’s application to adjust his status on February 15, 2019.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings None Read by a model
Nationality El Salvador Read by a model
Plaintiff Herbert L.R. is a citizen of El Salvador who has lived in the United States since 1999.

How the case ended

Docket
No. 0:19-cv-00958
Filed
April 7, 2019
Ended
October 18, 2019
Suit's filing to its end
194 days
How it ended
Dismissed on jurisdiction or the merits
From the record
idb disp 3 (dismissed: lack of jurisdiction)

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

Supreme Court and Eighth 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.