Passim

Mandamus decisions / District of Minnesota

Al Jabari v. Chertoff

District of MinnesotaPatrick J. SchiltzDecided January 15, 2008No. 0:07-cv-02591

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 DHS Read by a model
In sum, § 1003.47(e) imposes on DHS the duty to complete Al Jabari's security check, and § 555(b) imposes on DHS the duty to complete Al Jabari's security check within a reasonable time.
Form or filing I-751 (removal of conditions) Read by a model
If the alien is to remain in the United States indefinitely, the alien and his citizen-spouse must jointly petition to remove the conditional basis of the alien's permanent residency within a certain time period.
What the suit asked for Some other action Read by a model
Frustrated with the wait, and believing that the IJ will grant his petition as soon as the name check is completed, Al Jabari initiated this action in June 2007 seeking to compel the completion of his security check.
Kind of order A ruling on a motion or the petition Read by a model
Defendants' motion to dismiss or for summary judgment [Docket No. 5] is GRANTED IN PART and DENIED IN PART.
Motion decided Other motion to dismiss; Summary judgment Read by a model
Defendants' motion to dismiss or for summary judgment [Docket No. 5] is GRANTED IN PART and DENIED IN PART.
Whose motion The government's motion Read by a model
This matter is before the Court on defendants' [1] motion to dismiss or for summary judgment.
Disposition Dismissed in part; some claims go on The government's motion to dismiss was granted in part: some claims were dismissed and others go on. Read by a model
The record does not contain nearly enough evidence to permit the Court to weigh these factors, and thus the Court will not enter judgment for either party on the issue of the reasonableness of the delay.
Prevailing party Each side in part Read by a model
The record does not contain nearly enough evidence to permit the Court to weigh these factors, and thus the Court will not enter judgment for either party on the issue of the reasonableness of the delay.
The delay claim The delay claim goes on Read by a model
The record does not contain nearly enough evidence to permit the Court to weigh these factors, and thus the Court will not enter judgment for either party on the issue of the reasonableness of the delay.
Months pending 79 months from the application to the court's decision Read by a model
Meanwhile, in June 2001, Al Jabari asked the *1032 Attorney General to grant him a hardship waiver of the joint-petition requirement.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Section 1252(a)(2)(B) bar rejected; Mootness argument rejected Read by a model
The Court therefore concludes that § 1252(a)(2)(B) does not divest it of jurisdiction over Al Jabari's APA claim.
Nationality Jordan Read by a model
Al Jabari, a citizen of Jordan, first entered the United States in 1993 as a nonimmigrant student.

How the case ended

Docket
No. 0:07-cv-02591
Filed
June 5, 2007
Ended
April 4, 2008
Suit's filing to its end
304 days
How it ended
Transferred
From the record
idb disp 0 (transferred to another district)

A voluntary or stipulated dismissal is how most suits end once the agency acts; the docket rarely says why.

Supreme Court and Eighth 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.