Passim

Mandamus decisions / Southern District of New York

Gomez v. McHenry

Southern District of New YorkJ. Paul OetkenDecided October 30, 2020No. 1:19-cv-07373

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 EOIR Read by a model
On May 2, 2019, the BIA sustained ICE’s appeal and vacated the IJ’s bond decision, on the basis that Gomez was a danger to the community.
Form or filing None named Read by a model
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
For the foregoing reasons, Gomez’s motion for summary judgment is GRANTED and the Government’s motion for summary judgment is DENIED.
Motion decided Summary judgment Read by a model
For the foregoing reasons, Gomez’s motion for summary judgment is GRANTED and the Government’s motion for summary judgment is DENIED.
Whose motion Cross-motions Read by a model
Now before the Court are Gomez’s and the Government’s competing motions for summary judgment.
Disposition Remanded to the agency Sent back to the agency, with or without instructions. Read by a model
Accordingly, the BIA’s May 2, 2019 decision is hereby VACATED and this matter is REMANDED for further proceedings consistent with this opinion.
Prevailing party Applicant Read by a model
Because Gomez is entitled to full relief on his APA claim, the Court does not reach his Due Process or mandamus claims.
The other claims Remanded to the agency Read by a model
Accordingly, the BIA’s May 2, 2019 decision is hereby VACATED and this matter is REMANDED for further proceedings consistent with this opinion.
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 Colombia Read by a model
Petitioner Adrian Fernando Gomez is a Colombian citizen and lawful permanent resident of the United States.

How the case ended

Docket
No. 1:19-cv-07373
Filed
August 7, 2019
Ended
October 30, 2020
Suit's filing to its end
450 days
How it ended
Remanded to the agency
From the record
idb disp 11 (remanded to U.S. agency)

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 Second 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.