Mandamus decisions / Southern District of Florida

Velez-Duenas v. Swacina

Southern District of FloridaJoan A. LenardDecided June 28, 2012No. 1:11-cv-22118

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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
USCIS denied Roberto’s 1-130 visa petition filed on behalf of Velez pursuant to Section 204(c) of the INA, 8 U.S.C. § 1154 (c), based on Martinez’s sworn statement that her marriage with Velez was fraudulent.
Form or filing I-130 (relative petition) Read by a model
On December 28, 2007, Roberto filed an 1-130 immigrant visa petition on behalf of his father, Velez.
What the suit asked for Not recorded Read by a model
Kind of order A ruling on a motion or the petition Read by a model
Defendants’ Motion to Dismiss (D.E. 10), filed on October 22, 2011, is GRANTED
Motion decided Motion to dismiss for failure to state a claim Read by a model
Motion to Dismiss Plaintiffs Complaint For Failure to State a Claim Upon "Which the Court Can Grant the Relief Requested
Whose motion The government's motion Read by a model
Defendants’ Motion to Dismiss (D.E. 10), filed on October 22, 2011, is GRANTED
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
Plaintiff Jose Velez-Duenas’ Complaint (D.E. 1), filed on June 13, 2011, is DISMISSED;
Prevailing party Government Read by a model
Defendants’ Motion to Dismiss (D.E. 10), filed on October 22, 2011, is GRANTED;
The other claims Dismissed Read by a model
Plaintiff Jose Velez-Duenas’ Complaint (D.E. 1), filed on June 13, 2011, is DISMISSED
Months pending 21.1 months from the application to the agency's action Read by a model
The USCIS Field Officer Director denied Roberto’s visa petition on September 29, 2009.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings APA adequate-remedy bar applied (mandamus claim fails) Read by a model
Mandamus relief is unavailable here because Velez can, and has in his Complaint, availed himself of the APA as the jurisdictional basis to challenge the USCIS determination.
I-130 category Immediate relative Read by a model
an 1-130 immigrant visa petition filed by a United States citizen on behalf of his father, who is not a United States citizen.

How the case ended

Docket
No. 1:11-cv-22118
Filed
June 13, 2011
Ended
June 28, 2012
Suit's filing to its end
381 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 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.