Passim

Mandamus decisions / District of Oregon

Ching Yee Wong v. Napolitano

District of OregonDecided August 5, 2009

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What the decision decided

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Agency USCIS Read by a model
On March 12, 2003, USCIS issued a denial notice for APACSA's petition because it determined that APACSA's position of graphic designer was not a "specialty occupation" as required under the INA.
Form or filing I-129 (worker petition); I-485 (adjustment of status) Read by a model
to grant their I-485 applications for adjustment of status to "permanent resident status"
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
For the reasons that follow, USCIS's motion is granted, and APACSA's claim is dismissed with prejudice.
Motion decided Motion to dismiss for lack of jurisdiction Read by a model
Pursuant to FRCP 12(b)(1), defendants move to dismiss APACSA's Complaint based on lack of subject matter jurisdiction because APACSA lacks standing.
Whose motion The government's motion Read by a model
Pursuant to FRCP 12(b)(1), defendants move to dismiss APACSA's Complaint based on lack of subject matter jurisdiction because APACSA lacks standing.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
Therefore, APACSA's Complaint is DISMISSED with prejudice.
Prevailing party Government Read by a model
For the reasons that follow, USCIS's motion is granted, and APACSA's claim is dismissed with prejudice.
The other claims Dismissed Read by a model
Therefore, APACSA's Complaint is DISMISSED with prejudice.
Months pending 75.7 months from the application to the suit; 11.8 months from the application to the agency's action Read by a model
USCIS denied their applications on June 25, 2008.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Held moot Read by a model
At this point, this court can provide no meaningful relief to APACSA for the injury it suffered in losing Wong. Therefore, its claim is moot.

How the case ended

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Supreme Court and Ninth 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Supreme Court decisions and the circuit's published decisions listed here bind this court; a circuit disposition marked nonprecedential was not published as precedent and is persuasive only.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.