Passim

Mandamus decisions / Southern District of New York

Pineda Suero v. U.S. Department of Homeland Security

Southern District of New YorkPaul A. EngelmayerDecided April 10, 2019No. 1:18-cv-04992

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 November 15, 2013, USCIS denied the Application “due to a finding that [Pineda] was statutorily ineligible for adjustment of status in the United States.”
Form or filing I-485 (adjustment of status) Read by a model
On July 22, 2013, Pineda filed an Application to Register Permanent Residence or Adjust Status, Form I-485 (the “Application”), with USCIS.
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 foregoing reasons, the Government’s motion to dismiss is granted.
Motion decided Motion to dismiss for failure to state a claim Read by a model
Pending now is defendants’ motion to dismiss for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6).
Whose motion The government's motion Read by a model
Pending now is defendants’ motion to dismiss for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6).
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
For the foregoing reasons, the Government’s motion to dismiss is granted. The Clerk of Court is respectfully directed to terminate the motion pending at Dkt. 35 and to close this case.
Prevailing party Government Read by a model
For the foregoing reasons, the Government’s motion to dismiss is granted.
The other claims Dismissed Read by a model
For the foregoing reasons, the Government’s motion to dismiss is granted. The Clerk of Court is respectfully directed to terminate the motion pending at Dkt. 35 and to close this case.
Months pending 70.5 months from the application to the suit; 44.5 months from the application to the agency's action Read by a model
However, on April 6, 2017, USCIS again denied the Application.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings None Read by a model
Nationality Dominican Republic Read by a model
Pineda is a citizen of the Dominican Republic residing in the Bronx, New York.

How the case ended

Docket
No. 1:18-cv-04992
Filed
June 5, 2018
Ended
April 11, 2019
Suit's filing to its end
310 days
How it ended
Dismissed on jurisdiction or the merits
From the record
idb disp 6 (judgment: motion before trial), judgment for defendant

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

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 3, 2026. Check the current status before relying on one.