Mandamus decisions / District of Columbia

Kwok Sze v. Johnson

District of ColumbiaColleen Kollar-KotellyDecided March 24, 2016

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
USCIS, a component of DHS, responded to Plaintiffs request by letter dated May 20, 2011.
Form or filing None named Read by a model
What the suit asked for Some other action Read by a model
Specifically, Plaintiff requests that the Court order that he has renounced his citizenship or that USCIS process his renunciation request and issue a Certificate of Loss of Nationality pursuant to Section 1481 (a)(6).
Kind of order A ruling on a motion or the petition Read by a model
the Court GRANTS DHS Defendants’ [15] Motion to Dismiss.
Motion decided Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim Read by a model
the Court agrees that Plaintiff’s claims under the Mandamus Act are moot and must be dismissed under Rule 12(b)(1), and that Plaintiffs APA and Due Process claims fail to state a claim under Rule 12(b)(6).
Whose motion Cross-motions Read by a model
the Court shall grant DHS Defendants’ [15] Motion to Dismiss, and the Court shall dismiss Plaintiffs’ claims against the DHS Defendants. The Court shall deny Plaintiffs Motions for Default-Judgment as to Defendant Annucci
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
This action shall be dismissed in its entirety.
Prevailing party Government Read by a model
For the reasons set forth above, the Court shall grant DHS Defendants’ [15] Motion to Dismiss, and the Court shall dismiss Plaintiffs’ claims against the DHS Defendants.
The delay claim Moot: the agency acted Read by a model
Plaintiffs request for mandamus relief fails because he has already received all of the relief entitled to him under the Mandamus Act, rendering his claim moot.
The other claims Dismissed Read by a model
Plaintiffs APA and Due Process claims fail to state a claim under Rule 12(b)(6).
Months pending 45.9 months from the application to the suit; 36.1 months from the application to the agency's action Read by a model
USCIS responded by letter dated'April 15, 2014. See USCIS 37-38; Compl., Ex. G. In that letter, USCIS indicated that US-CIS could not proceed with his request
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Held moot Read by a model
Plaintiffs request for mandamus relief fails because he has already received all of the relief entitled to him under the Mandamus Act, rendering his claim moot.
Nationality United States Read by a model
Plaintiff was born in Hong Kong and became a naturalized U.S. citizen in November 1996.

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.