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Mandamus decisions / Northern District of New York

Villa v. United States Department of Homeland Security

Northern District of New YorkLawrence E. KahnDecided April 6, 2009No. 1:08-cv-00621

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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 USCIS Read by a model
Instead, under section 6 of the APA, the U.S.C.I.S. is required to act "within a reasonable time."
Form or filing I-485 (adjustment of status) Read by a model
Plaintiffs Rocio Villa, Pedro Flores, and Laila Flores (collectively "Plaintiffs") filed I-485 applications for adjustment from asylees to permanent resident status
What the suit asked for Decide the application Read by a model
Plaintiffs filed the instant Complaint seeking an order "[r]equiring Defendants and/or their agents to process their cases to a conclusion."
Kind of order A ruling on a motion or the petition Read by a model
ORDERED, that Defendants' Motion to Dismiss (Dkt. No. 18) is DENIED;
Motion decided Motion to dismiss for lack of jurisdiction Read by a model
The Defendants subsequently moved for dismissal for lack of subject matter jurisdiction under Fed.R.Civ.P. 12(b)(1).
Whose motion The government's motion Read by a model
The Defendants subsequently moved for dismissal for lack of subject matter jurisdiction under Fed.R.Civ.P. 12(b)(1).
Disposition Denied in the applicant's favor The principal motion was denied in full: a motion to dismiss denied so the case goes on, or relief denied on the merits. Read by a model
ORDERED, that Defendants' Motion to Dismiss (Dkt. No. 18) is DENIED;
Prevailing party Applicant Read by a model
ORDERED, that Defendants' Motion to Dismiss (Dkt. No. 18) is DENIED;
The delay claim The delay claim goes on Read by a model
ORDERED, that Defendants' Motion to Dismiss (Dkt. No. 18) is DENIED;
Months pending 86.4 months from the application to the suit; 96.2 months from the application to the court's decision Read by a model
On or about March 30, 2001, Plaintiffs Rocio Villa, Pedro Flores, and Laila Flores (collectively "Plaintiffs") filed I-485 applications
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Section 1252(a)(2)(B) bar rejected Read by a model
In no section of the relevant title are the Attorney General or Secretary of Homeland Security given the discretion to decide the pace at which they will adjudicate applications. Nor are they given the discretion to not take any action.

How the case ended

Docket
No. 1:08-cv-00621
Filed
June 12, 2008
Ended
December 17, 2010
Suit's filing to its end
918 days
How it ended
Dismissed, ground not recorded
From the record
idb disp 14 (dismissed: other)

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

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.