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Mandamus decisions / Southern District of New York

Maldonado-Coronel v. McElroy

Southern District of New YorkDecided November 1, 1996

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What the decision decided

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Agency Not recorded Read by a model
Form or filing I-485 (adjustment of status) Read by a model
Upon the approval of this petition, plaintiffs claim that Maldonado-Coronel became entitled to file an application for adjustment of status to that of "lawful permanent resident,"
What the suit asked for Decide the application Read by a model
that defendant be ordered to adjudicate plaintiffs' applications on or before November 3, 1996, the day before Maldonado-Santos' twenty-first birthday.
Kind of order A ruling on a motion or the petition Read by a model
IT IS HEREBY ORDERED THAT defendant's motion to dismiss is GRANTED.
Motion decided Motion to dismiss for failure to state a claim Read by a model
This Court thus finds that plaintiffs' complaint has failed to state a claim upon which relief can be granted, and that defendant's motion to dismiss pursuant to Rule 12(b)(6) should be granted.
Whose motion The government's motion Read by a model
IT IS HEREBY ORDERED THAT defendant's motion to dismiss is GRANTED.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
IT IS FURTHER ORDERED THAT plaintiffs' complaint is DISMISSED.
Prevailing party Government Read by a model
IT IS HEREBY ORDERED THAT defendant's motion to dismiss is GRANTED.
The delay claim Dismissed Read by a model
Thus, this Court finds that defendant's reliance on Zheng is well-placed, and that plaintiffs' claim that they are entitled to expedited processing of their applications should be dismissed.
The other claims Dismissed Read by a model
As a result, this Court finds that defendant did not violate plaintiffs' Fifth Amendment due process rights, and that this claim should be dismissed.
Months pending 0.5 months from the application to the suit; 1.2 months from the application to the court's decision Read by a model
Maldonado-Coronel, his spouse and children under the age of twenty-one, including Maldonado-Santos, all filed these applications on September 25, 1996.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings None Read by a model
Nationality Ecuador Read by a model
Maldonado-Coronel and his son, Maldonado-Santos, are Ecuadorian nationals residing in New York City.

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.