Mandamus decisions / Southern District of Texas

Ayanbadejo v. Chertoff

Southern District of TexasNancy F. AtlasDecided September 21, 2006

Read the decisionOriginal on CourtListener

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What the decision decided

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Agency USCIS Read by a model
The USCIS also denied John's I-485 Application to adjust status.
Form or filing I-130 (relative petition); I-485 (adjustment of status) Read by a model
On April 17, 2001, Felicia filed a second I-130 Petition seeking an immediate relative immigrant visa for John. John also filed a second I-485 Application in an effort to adjust his status to become a lawful permanent resident alien.
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
The defendants' motion to dismiss (Doc. # 11) is GRANTED.
Motion decided Motion to dismiss for lack of jurisdiction Read by a model
The defendants have filed a motion to dismiss for lack of subject matter jurisdiction under Rule 12(b)(1) of the Federal Rules of Civil Procedure.
Whose motion The government's motion Read by a model
The defendants have filed a motion to dismiss for lack of subject matter jurisdiction.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
This case is DISMISSED for lack of jurisdiction.
Prevailing party Government Read by a model
The defendants' motion to dismiss (Doc. # 11) is GRANTED.
The other claims Dismissed Read by a model
This case is DISMISSED for lack of jurisdiction.
Months pending 17.7 months from the application to the agency's action Read by a model
The USCIS also denied John's I-485 Application to adjust status. (Doe. # 11, Ex. 3, Notice of Denial of Application for Permanent Residence, dated Oct. 9, 2002).
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
Because the governing statute plainly states that decisions of the sort made on the I-485 Application filed by John Ayanbadejo are discretionary, this Court has no jurisdiction to review the adverse decision regarding John Ayanbadejo's I-485 Application for adjustment of status.
Nationality Nigeria Read by a model
John is a native and citizen of Nigeria
I-130 category Immediate relative Read by a model
The plaintiffs in this case seek judicial review of the denial of an immigrant visa petition for the spouse of a United States Citizen and the subsequent decision to deny an adjustment of immigration status.

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 Fifth 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.