Passim

Mandamus decisions / District of New Mexico

Yue Yu v. Brown

District of New MexicoMartha VazquezDecided January 28, 1999

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What the decision decided

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Agency Not recorded Read by a model
Form or filing I-360 (special immigrant petition); I-485 (adjustment of status) Read by a model
Yu filed an application for SIJ status and for adjustment to LPR status on August 21, 1996.
What the suit asked for Decide the application Read by a model
brings this action requesting this Court to issue an affirmative injunction and/or writ of mandamus commanding officials at the Immigration and Naturalization Service ("INS") to act on their applications
Kind of order A ruling on a motion or the petition Read by a model
IT IS THEREFORE ORDERED that Defendants' Motion for Judgment on the Pleadings [Doc. 18] is hereby DENIED.
Motion decided Motion to dismiss for lack of jurisdiction; Other motion to dismiss Read by a model
Defendants now move for judgment on the pleadings, or in the alternative to dismiss for lack of subject matter jurisdiction.
Whose motion The government's motion Read by a model
THIS MATTER is before the Court on Defendants' Motion for Judgment on the Pleadings, filed May 4, 1998 [Doc. 18].
Disposition Denied in the applicant's favor The principal motion was denied in full: a motion to dismiss denied so the case goes on, or relief denied on the merits. Read by a model
IT IS THEREFORE ORDERED that Defendants' Motion for Judgment on the Pleadings [Doc. 18] is hereby DENIED.
Prevailing party Applicant Read by a model
Accordingly, Defendants are not entitled to judgment in their favor on the pleadings.
The delay claim The delay claim goes on Read by a model
IT IS THEREFORE ORDERED that Defendants' Motion for Judgment on the Pleadings [Doc. 18] is hereby DENIED.
Months pending 29.2 months from the application to the court's decision Read by a model
Yu filed an application for SIJ status and for adjustment to LPR status on August 21, 1996.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings None Read by a model
Nationality China Read by a model
Yu, a citizen of China, is unmarried and was under 21 years of age at the time the Complaint was filed.

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 Tenth 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.