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Mandamus decisions / Southern District of Florida

Bathazi v. United States Department of Homeland Security

Southern District of FloridaK. Michael MooreDecided November 2, 2009

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 USCIS Read by a model
On September 8, 2009, the Defendants filed a Response (dkt. # 10) stating that on that date USCIS had denied Bathazi's fourth I-140 petition, and that therefore this case had become moot.
Form or filing I-140 (immigrant worker petition) Read by a model
On September 28, 2008, Bathazi submitted a fourth Form I-140 to USCIS.
What the suit asked for Decide the application Read by a model
Bathazi brought this action to compel the Defendants to adjudicate his fourth I-140 petition.
Kind of order A ruling on a motion or the petition Read by a model
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS
Motion decided Other motion to dismiss Read by a model
the Defendants' Motion to Dismiss Plaintiffs Complaint (dkt. # 12) is GRANTED.
Whose motion The government's motion Read by a model
THIS CAUSE came before the Court upon Defendants' Motion to Dismiss Plaintiffs Complaint (dkt. # 12).
Disposition Dismissed as moot Dismissed or denied as moot because the agency acted. Read by a model
Accordingly, this case must be dismissed as moot.
Prevailing party Neither side Read by a model
Accordingly, this case must be dismissed as moot.
The delay claim Moot: the agency acted Read by a model
Accordingly, this case must be dismissed as moot.
The other claims Moot: the agency acted Read by a model
The Court, however, need not even reach them, or Bathazi's Bivens claim, because this case has become moot in light of the adjudication of Bathazi's fourth I-140 petition.
Months pending 10.4 months from the application to the suit; 11.3 months from the application to the agency's action Read by a model
On September 8, 2009, the Defendants filed a Response (dkt. # 10) stating that on that date USCIS had denied Bathazi's fourth I-140 petition, and that therefore this case had become moot.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Held moot Read by a model
Accordingly, this case must be dismissed as moot.

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.