Mandamus decisions / District of New Jersey

FIFE v. BARR

District of New JerseyNoel L. HillmanDecided June 29, 2020

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 CBP Read by a model
Contreras, through Fife, requested that CBP rescind her expedited removal and five-year ban, but on March 26, 2018, CBP declined that request.
Form or filing DS-160 (nonimmigrant visa) Read by a model
At the United States consulate in Mexico, Contreras was denied a new F-1 nonimmigrant student visa.
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 must be granted, and Plaintiffs’ motion to stay Contreras’ five-year bar must be denied as moot.
Motion decided Motion to dismiss for lack of jurisdiction Read by a model
Challenges to subject matter jurisdiction under Federal Civil Procedure Rule 12(b)(1) may be facial or factual. Id. Facial attacks - which Defendants mount here - contest the sufficiency of the pleadings
Whose motion Cross-motions Read by a model
Defendants have moved to dismiss Plaintiffs’ complaint, and Plaintiffs have moved to stay the five-year bar to the student’s reentry.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
Defendants’ motion to dismiss must be granted, and Plaintiffs’ motion to stay Contreras’ five-year bar must be denied as moot.
Prevailing party Government Read by a model
Defendants’ motion to dismiss must be granted, and Plaintiffs’ motion to stay Contreras’ five-year bar must be denied as moot.
The other claims Dismissed Read by a model
Defendants’ motion to dismiss must be granted, and Plaintiffs’ motion to stay Contreras’ five-year bar must be denied as moot.
Months pending Not stated Read by a model
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings None Read by a model
Nationality Mexico Read by a model
Erika Contreras Cruz (“Contreras”), who is a citizen of Mexico

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 Third 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.