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Mandamus decisions / Southern District of Florida

Silva-Hernandez v. Swacina

Southern District of FloridaPaul C. HuckDecided November 4, 2011

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What the decision decided

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Agency USCIS Read by a model
On February 10, 2011, Defendant, United States Citizenship and Immigration Service ("USCIS") approved Mrs. Hernandez's application for adjustment of status.
Form or filing I-485 (adjustment of status) Read by a model
On October 5, 2010, Mrs. Hernandez filed a I-485 application for adjustment of status.
What the suit asked for Some other action Read by a model
(3) issue a writ of mandamus compelling USCIS to adjust her record to indicate that she has been a legal permanent resident of the United States since April 5, 2008;
Kind of order A ruling on a motion or the petition Read by a model
Accordingly, it is hereby ORDERED that Defendants' Motion for Summary Judgment is GRANTED and Plaintiff's Motion for Summary Judgment is DENIED.
Motion decided Summary judgment Read by a model
Accordingly, it is hereby ORDERED that Defendants' Motion for Summary Judgment is GRANTED and Plaintiff's Motion for Summary Judgment is DENIED.
Whose motion Cross-motions Read by a model
THIS MATTER is before the Court on Plaintiff's Motion for Summary Judgment (D.E. # 19), filed July 13, 2011, and Defendants' Motion for Summary Judgment (D.E. #22), filed July 29, 2011.
Disposition Granted in the government's favor The principal motion was granted in full: summary judgment for either side, an injunction or TRO, a writ or order to act, fees. A motion to dismiss granted in full counts as Dismissed; a transfer is listed apart. Read by a model
Accordingly, it is hereby ORDERED that Defendants' Motion for Summary Judgment is GRANTED and Plaintiff's Motion for Summary Judgment is DENIED.
Prevailing party Government Read by a model
Accordingly, it is hereby ORDERED that Defendants' Motion for Summary Judgment is GRANTED and Plaintiff's Motion for Summary Judgment is DENIED.
The other claims Relief denied Read by a model
Accordingly, it is hereby ORDERED that Defendants' Motion for Summary Judgment is GRANTED and Plaintiff's Motion for Summary Judgment is DENIED.
Months pending 4.2 months from the application to the agency's action Read by a model
On February 10, 2011, Defendant, United States Citizenship and Immigration Service ("USCIS") approved Mrs. Hernandez's application for adjustment of status.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings None Read by a model
Nationality Brazil Read by a model
Plaintiff, Camila Maria Silva-Hernandez is a native and citizen of Brazil

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 Eleventh 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.