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Mandamus decisions / District of Columbia

Tao Luo v. Keisler

District of ColumbiaRichard J. LeonDecided November 14, 2007

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
Although the text of § 1255(a) gives the Attorney General the authority to adjudicate adjustment of status applications, that authority has been transferred to the Secretary of Homeland Security and his delegate in USCIS.
Form or filing I-485 (adjustment of status) Read by a model
plaintiffs' Form I-485 Application to Adjust Status to Permanent Resident
What the suit asked for Decide the application Read by a model
seeking to compel defendants to adjudicate plaintiffs' Form I-485 Application to Adjust Status to Permanent Resident
Kind of order A ruling on a motion or the petition Read by a model
For all of the foregoing reasons, this Court GRANTS defendants' motion to dismiss.
Motion decided Motion to dismiss for lack of jurisdiction Read by a model
Currently before this Court is defendants' motion to dismiss for lack of subject matter jurisdiction and for failure to state a claim upon which relief can be granted.
Whose motion The government's motion Read by a model
Currently before this Court is defendants' motion to dismiss for lack of subject matter jurisdiction and for failure to state a claim upon which relief can be granted.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
Accordingly, plaintiffs' complaint is DISMISSED for lack of subject matter jurisdiction.
Prevailing party Government Read by a model
Accordingly, plaintiffs' complaint is DISMISSED for lack of subject matter jurisdiction.
The delay claim Dismissed Read by a model
Accordingly, plaintiffs' complaint is DISMISSED for lack of subject matter jurisdiction.
Months pending 30.4 months from the application to the suit; 39.1 months from the application to the court's decision Read by a model
The Application, filed on August 12, 2004, with the Vermont Service Center, USCIS, remains pending
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Section 1252(a)(2)(B) bar applied Read by a model
As such, because the pace of processing a status application constitutes an "action" within the meaning of the INA, it is unreviewable by this Court.
Nationality China Read by a model
Plaintiffs, nationals and citizens of China

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 D.C. 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.