Passim

Mandamus decisions / Northern District of Illinois

Iddir v. Immigration & Naturalization Service

Northern District of IllinoisJoan B. GottschallDecided September 27, 2001

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 Not recorded Read by a model
Form or filing I-485 (adjustment of status) Read by a model
The relief sought in this case is the adjudication of plaintiffs' applications for adjustment of status.
What the suit asked for Decide the application Read by a model
The relief sought in this case is the adjudication of plaintiffs' applications for adjustment of status.
Kind of order A ruling on a motion or the petition Read by a model
For the foregoing reasons, defendants' motion to dismiss for lack of subject matter jurisdiction is granted.
Motion decided Motion to dismiss for lack of jurisdiction Read by a model
For the foregoing reasons, defendants' motion to dismiss for lack of subject matter jurisdiction is granted.
Whose motion The government's motion Read by a model
Defendants move to dismiss the complaint pursuant to both Fed.R.Civ.P. 12(b)(1) for lack of subject matter jurisdiction and Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief can be granted.
Disposition Dismissed as moot Dismissed or denied as moot because the agency acted. Read by a model
Regrettably, this case must be dismissed as moot.
Prevailing party Neither side Read by a model
Regrettably, this case must be dismissed as moot.
The delay claim Moot: the agency acted Read by a model
Regrettably, this case must be dismissed as moot.
The other claims Moot: the agency acted Read by a model
Regrettably, this case must be dismissed as moot.
Months pending 33.7 months from the application to the suit; 39.7 months from the application to the agency's action Read by a model
Finally, on December 6, 2000, the district director "denied" plaintiffs' application because the deadline for fiscal year 1998 had passed.
TRAC factors The court did not weigh the TRAC factors Read by a model
The government's delay arguments Visa availability accepted Read by a model
This renders the case moot, because the INS cannot issue visa numbers that do not exist to plaintiffs.
Threshold rulings Section 1252(a)(2)(B) bar rejected; Held moot Read by a model
Thus, McBrearty does not apply to this case, and Section 242 does not divest this court of jurisdiction.

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 Seventh 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.