Passim

Mandamus decisions / Middle District of Florida

Avullija v. Cuccinelli

Middle District of FloridaMarcia Morales HowardDecided August 17, 2021No. 3:20-cv-01356

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
USCIS denied Mr. Avullija’s Application for Waiver on July 2, 2020.
Form or filing I-601 (waiver) Read by a model
“seek[ing] judicial review of the July 2, 2020 denial of Plaintiff Leonard Avullija’s Form I-601 pursuant to the Administrative Procedure Act (“APA”).”
What the suit asked for Not recorded Read by a model
Kind of order A ruling on a motion or the petition Read by a model
Defendants' Motion to Dismiss Plaintiffs[sic] Complaint (Doc. 10) is GRANTED, to the extent that this action is dismissed for lack of subject matter jurisdiction.
Motion decided Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim Read by a model
Defendants move the Court to dismiss Plaintiffs’ claim against them for lack of subject-matter jurisdiction, pursuant to Rule 12(b)(1), Federal Rules of Civil Procedure (Rules(s)), and failure to state a claim, pursuant to Rule 12(b)(6).
Whose motion The government's motion Read by a model
THIS CAUSE is before the Court on the Defendants’ Motion to Dismiss Plaintiff’s[sic] Complaint (Doc. 10; Motion), filed on February 12, 2021.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
is GRANTED, to the extent that this action is dismissed for lack of subject matter jurisdiction.
Prevailing party Government Read by a model
is GRANTED, to the extent that this action is dismissed for lack of subject matter jurisdiction.
The other claims Dismissed Read by a model
Defendants' Motion to Dismiss Plaintiffs[sic] Complaint (Doc. 10) is GRANTED, to the extent that this action is dismissed for lack of subject matter jurisdiction.
Months pending 7.2 months from the application to the agency's action Read by a model
USCIS denied Mr. Avullija’s Application for Waiver on July 2, 2020.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Section 1252(a)(2)(B) bar applied Read by a model
Inasmuch as a subsequent decision on a waiver filed under section 1182(i) constitutes a “judgment regarding the granting relief” under that section, judicial review of the Decision is precluded by the INA.

How the case ended

Docket
No. 3:20-cv-01356
Filed
December 2, 2020
Ended
August 17, 2021
Suit's filing to its end
258 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. Other suits in this court.

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.