Passim

Mandamus decisions / Southern District of New York

Martinez Ex Rel. Rodriguez-Sanchez v. Bell

Southern District of New YorkDecided May 3, 1979

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What the decision decided

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Agency Department of State Read by a model
Consequently, the earlier order of this Court is amended only to the extent of directing that the Department of State conduct the necessary hearings, if it has not already done so.
Form or filing FS-497A Read by a model
Two of the plaintiffs, however, Martinez, for parent Rodriguez, and Perrault, allege that a form FS-497A was sent to the appropriate American consulate prior to the effective date of the amendment.
What the suit asked for Some other action Read by a model
Plaintiffs seek to compel the defendants either to issue a visa or to grant a priority date to enable their parents to obtain permanent resident status in the United States.
Kind of order A ruling on a motion or the petition Read by a model
For all the above reasons, the plaintiffs' motion for summary judgment is denied, and the defendants' motion to dismiss the complaint is granted.
Motion decided Summary judgment Read by a model
The defendants have now moved to dismiss the complaint, alleging lack of subject matter jurisdiction, failure to exhaust administrative remedies, and failure to state a claim upon which relief can be granted. The plaintiffs have cross-moved for summary judgment.
Whose motion Cross-motions Read by a model
For all the above reasons, the plaintiffs' motion for summary judgment is denied, and the defendants' motion to dismiss the complaint is granted.
Disposition Remanded to the agency Sent back to the agency, with or without instructions. Read by a model
Defendants' first point is quite correct and the Court's order should have directed remand to the Department of State for the necessary hearings.
Prevailing party Each side in part Read by a model
the earlier order of this Court is amended only to the extent of directing that the Department of State conduct the necessary hearings, if it has not already done so. As the other issues raised in the motion to reargue are not properly before this Court, the motion is, in all other respects, denied.
The other claims Dismissed Read by a model
For all the above reasons, the plaintiffs' motion for summary judgment is denied, and the defendants' motion to dismiss the complaint is granted.
Months pending Not stated Read by a model
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Consular nonreviewability applied; Consular nonreviewability rejected Read by a model
nor may the Court direct such officials to issue a visa or grant resident alien status to any individual.

How the case ended

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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.