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Mandamus decisions / Western District of Oklahoma

Linville v. Barrows

Western District of OklahomaDavid L. RussellDecided April 19, 2007

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What the decision decided

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Agency USCIS Read by a model
This matter comes before the Court on the Motion to Dismiss, filed by the Defendants, Angela Barrows, District Director, District 16, United States Citizen and Immigration Services (USCIS)
Form or filing I-485 (adjustment of status) Read by a model
filed an 1-485 application for adjustment of status
What the suit asked for Decide the application Read by a model
Plaintiffs filed this action alleging jurisdiction pursuant to 28 U.S.C. § 1331 and 1361, the Administrative Procedure Act, 5 U.S.C. § 704, and the Declaratory Judgment Act, seeking an order compelling a decision on *1280 the 1-485.
Kind of order A ruling on a motion or the petition Read by a model
For the reasons set forth herein, the motion to dismiss is hereby denied.
Motion decided Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim Read by a model
Defendants have filed a motion to dismiss, asserting that the Court lacks subject matter jurisdiction over the Plaintiffs' claims. Defendants further assert that the complaint is subject to dismissal under Federal Rule of Civil Procedure 12(b)(6), for failure to state a claim.
Whose motion The government's motion Read by a model
This matter comes before the Court on the Motion to Dismiss, filed by the Defendants
Disposition Denied in the applicant's favor The principal motion was denied in full: a motion to dismiss denied so the case goes on, or relief denied on the merits. Read by a model
Accordingly, the motion to dismiss is DENIED.
Prevailing party Applicant Read by a model
Accordingly, the motion to dismiss is DENIED.
The delay claim The delay claim goes on Read by a model
Accordingly, the motion to dismiss is DENIED.
Months pending 23.1 months from the application to the court's decision Read by a model
On May 15, 2005, Plaintiff Monica Linville, a citizen of Ecuador, filed an 1-485 application for adjustment of status
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Section 1252(a)(2)(B) bar rejected Read by a model
Accordingly, the Court concludes that the jurisdiction stripping provision of § 1252(a)(2)(B)(ii) does not divest this Court of jurisdiction over Plaintiffs' claims.
Nationality Ecuador Read by a model
Plaintiff Monica Linville, a citizen of Ecuador

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 Tenth 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.