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Mandamus decisions / Southern District of Florida

Al-Atiyeh v. Swacina

Southern District of FloridaPatricia A. SeitzDecided August 31, 2009

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
Plaintiff alleges that he made numerous inquiries to USCIS about the status of his Naturalization Application, but that USCIS failed to render a decision.
Form or filing N-400 (naturalization) Read by a model
In July 2005, Plaintiff applied for naturalization, and completed his naturalization examination on February 24, 2006 (the "Naturalization Application").
What the suit asked for Naturalization hearing or remand (1447(b)) Read by a model
On January 27, 2009, Plaintiff filed the instant Petition, pursuant to 8 U.S.C. § 1447(b), which requests that the Court adjudicate his Naturalization Application [DE-1].
Kind of order A ruling on a motion or the petition Read by a model
(1) Defendants' Motion to Dismiss [D9] is DENIED.
Motion decided Motion to dismiss for lack of jurisdiction Read by a model
In response, *1245 Defendants moved to dismiss the Petition for lack of subject matter jurisdiction because USCIS denied Mr. Al-Atiyeh's naturalization application on March 20, 2009
Whose motion The government's motion Read by a model
THIS MATTER is before the Court on Defendants' Motion to Dismiss for Mootness [DE-9].
Disposition Remanded to the agency Sent back to the agency, with or without instructions. Read by a model
(2) This matter is REMANDED to the USCIS and USCIS is directed to (a) supply Mr. Al-Atiyeh with a copy of his immigration file by September 30, 2009; (b) schedule a review hearing on the application by October 30, 2009; and, (c) render a final decision by November 30, 2009.
Prevailing party Applicant Read by a model
Thus, the Court will remand with the instructions that Plaintiff has requested to develop a full record.
The delay claim Remanded to the agency Read by a model
This matter is REMANDED to the USCIS
Months pending 42.4 months from the application to the suit; 49.5 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
In July 2005, Plaintiff applied for naturalization, and completed his naturalization examination on February 24, 2006 (the "Naturalization Application").
Months since the naturalization interview 37.1 months from the interview (2006-02-24) Read by a model
completed his naturalization examination on February 24, 2006
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Mootness argument rejected Read by a model
After considering Defendants' Motion, the applicable law and the entire record, the Court will deny the Motion to Dismiss because the filing of the petition conferred upon the Court exclusive jurisdiction over this matter and USCIS's denial of the petition is null and void.
Nationality Iraq Read by a model
Plaintiff Haytham Al-Atiyeh is an Iraqi national

How the case ended

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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.