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Mandamus decisions / District of Connecticut

Alkeylani v. Department of Homeland Security

District of ConnecticutPeter C. DorseyDecided September 20, 2007

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What the decision decided

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Agency USCIS Read by a model
The Court understands that USCIS, in conjunction with the FBI and with the limited resources provided by Congress for these tasks, conducts several forms of security and background checks before resolving an alien's I-485 application.
Form or filing I-485 (adjustment of status) Read by a model
Applications to Adjust Permanent Resident Status, Forms 1-485 ("I-485 applications" or "adjustment applications")
What the suit asked for Decide the application Read by a model
seeking an order directing Defendants to fully adjudicate Plaintiffs' I-485 applications within thirty days
Kind of order A ruling on a motion or the petition Read by a model
Accordingly, Defendants' motion to dismiss is denied.
Motion decided Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim Read by a model
Defendants now move, pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure, to dismiss Plaintiffs' Complaint.
Whose motion The government's motion Read by a model
Accordingly, Defendants' motion to dismiss is denied.
Disposition Government's motion denied; the case goes on The government's motion (to dismiss, or for summary judgment) was denied, so the case goes on. Counted as the applicant's ruling; a later decision in the case can still go either way. Read by a model
For the reasons stated above and on the record in open court on September 13, 2007, Defendants' Motion to Dismiss [Doc. No. 18] is denied.
Prevailing party Applicant Read by a model
Accordingly, Defendants' motion to dismiss is denied.
The delay claim The delay claim goes on Read by a model
Accordingly, Defendants' motion to dismiss is denied.
Months pending 31.9 months from the application to the suit; 37.5 months from the application to the court's decision Read by a model
On August 4, 2004, Plaintiffs filed their I-485 applications
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Section 1252(a)(2)(B) bar rejected Read by a model
Therefore, § 1252(a)(2)(B)(ii) does not divest this Court of subject matter jurisdiction over Plaintiffs' claim that the adjudication of their applications for adjustment of status has been unreasonably delayed.
Nationality Syria Read by a model
Plaintiff Abd Alkeylani is a native and citizen of Syria

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 Second 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.