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Mandamus decisions / Eastern District of Kentucky

Hosseini v. Napolitano

Eastern District of KentuckyJoseph M. HoodDecided April 3, 2014No. 5:13-cv-00082

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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
Here, there is no question that USCIS has a nondiscretion-ary duty to act upon a properly-filed 1-485 application.
Form or filing I-485 (adjustment of status) Read by a model
the Form 1-485 Application to Register Permanent Residence or Adjust Status
What the suit asked for Decide the application Read by a model
seeks mandamus relief under 28 U.S.C. § 1361 to compel USCIS to decide his application.
Kind of order A ruling on a motion or the petition Read by a model
Hosseini’s Motion for Summary Judgment [R. 21] is GRANTED.
Motion decided Motion to dismiss for lack of jurisdiction; Summary judgment Read by a model
The Court will therefore deny the defendants’ motion to dismiss and for summary judgment, and will grant the plaintiffs motion for summary judgment.
Whose motion Cross-motions Read by a model
The Court will therefore deny the defendants’ motion to dismiss and for summary judgment, and will grant the plaintiffs motion for summary judgment.
Disposition Granted in the applicant'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
Hosseini’s Motion for Summary Judgment [R. 21] is GRANTED.
Prevailing party Applicant Read by a model
The defendants are ORDERED to adjudicate Hosseini’s 1-485 application forthwith, but in no event more than sixty (60) days after the entry of this Order.
The delay claim Relief ordered Read by a model
The defendants are ORDERED to adjudicate Hosseini’s 1-485 application forthwith, but in no event more than sixty (60) days after the entry of this Order.
Months pending 143.2 months from the application to the suit; 155.5 months from the application to the court's decision Read by a model
On April 19, 2001, Hosseini filed an 1-485 application seeking adjustment of his status to that of a lawful permanent resident.
TRAC factors The court weighed the TRAC factors
  • 1. Rule of reasonfavors the applicant
  • 2. Congressional timetablefavors the applicant
  • 3. Human health and welfarefavors the applicant
  • 4. Competing prioritiesfavors the applicant
  • 5. Interests prejudicedfavors the applicant
  • 6. No impropriety neededneutral
Read by a model
The Court has little difficulty concluding that these factors strongly support a determination that USCIS’s 12-year delay in deciding Hosseini’s 1-485 application is manifestly unreasonable.
Threshold rulings Section 1252(a)(2)(B) bar rejected Read by a model
the divestment of jurisdiction contained in § 1252(a)(2)(B)(ii) does not apply to bar a challenge like Hosseini’s to USCIS’s failure to decide his 1-485 application for over 12 years.
Nationality Iran Read by a model
the defendants indicate that Hosseini is a native and citizen of Iran.

How the case ended

Docket
No. 5:13-cv-00082
Filed
March 26, 2013
Ended
April 3, 2014
Suit's filing to its end
373 days
How it ended
Judgment for the plaintiff
From the record
idb disp 6 (judgment: motion before trial), judgment for plaintiff

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

Supreme Court and Sixth 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.