Passim

Mandamus decisions / Southern District of New York

Espin v. Gantner

Southern District of New YorkLoretta A. PreskaDecided July 19, 2005

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What the decision decided

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Agency USCIS Read by a model
More importantly, Espin acknowledges that the CIS, far from refusing to process her application, has taken recent steps to complete its adjudication, such as taking her fingerprints on April 15, 2005.
Form or filing I-485 (adjustment of status) Read by a model
an application ("adjustment application" or "I-485 application")
What the suit asked for Decide the application Read by a model
Espin is merely requesting the UCSIS to make a decision on her application
Kind of order A ruling on a motion or the petition Read by a model
Accordingly, Petitioner's application for a Writ of Mandamus (Docket No. 1) is denied and the underlying petition is dismissed.
Motion decided Preliminary injunction or TRO Read by a model
On or about that date, Espin also submitted to the Court a proposed Order to Show Cause and application for injunctive relief.
Whose motion The plaintiff's motion Read by a model
Accordingly, Petitioner's application for a Writ of Mandamus (Docket No. 1) is denied and the underlying petition is dismissed.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
Accordingly, Petitioner's application for a Writ of Mandamus (Docket No. 1) is denied and the underlying petition is dismissed.
Prevailing party Government Read by a model
Accordingly, Petitioner's application for a Writ of Mandamus (Docket No. 1) is denied and the underlying petition is dismissed.
The delay claim Dismissed Read by a model
Similarly, this Court does not have jurisdiction over Espin's claims, and her petition is accordingly dismissed.
Months pending 38.7 months from the application to the suit; 41.1 months from the application to the court's decision Read by a model
in February 2002 she submitted an application ("adjustment application" or "I-485 application")
TRAC factors The court did not weigh the TRAC factors Read by a model
The government's delay arguments Line-jumping accepted Read by a model
Thus, this case is similar to one in which Judge Swain recently held that an alien's "request for adjudication [of his adjustment application] disregards entirely the fact that there are 160,000 applications pending aside from his own."
Threshold rulings None Read by a model
Nationality Ecuador Read by a model
Andrea Espin, a native and 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 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 14, 2026. Check the current status before relying on one.