Judge ruled against CIS and FBI in a mandamus action

Federal District court judge Maria-Elena James has just ruled in plaintiff's favor in a mandamus action for FBI name check delayed I-485 application. Plaintiff filed her complaint in pro per(by herself) in May of 2007 but retained us after defendants filed motion for summery judgment. We filed motion for summery judgment and today judge made her decision. In her decision, judge James ruled that the court has jurisdiction in mandamus action and has power to compel the CIS and FBI to expeditiously adjudicate plaintiff's I-485 application. Judge James further ruled that USCIS has a non-discretionary duty to process Plaintiff's I-485 within a reasonable amount of time. In this case, judge found that a two and a half year wait is unreasonable as a matter of law.

The court ordered defendants to complete processing of Plaintiff's I-485 application forthwith.

This is one of our many victories in mandamus actions. We welcome inquires from our readers.


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The following transaction was received from entered on 1/23/2008 10:54 AM PST and filed on 1/23/2008
Case Name: Chen v. Chertoff et al
Case Number: 3:07-cv-2816
Filer:
Document Number: 21

Docket Text:
JUDGMENT IN FAVOR OF PLAINTIFF, AGAINST DEFENDANTS. Signed by Judge Maria-Elena James on 1/23/2008. (mejlc1, COURT STAFF) (Filed on 1/23/2008)


3:07-cv-2816 Notice has been electronically mailed to:

Ila Casy Deiss ila.deiss@usdoj.gov,

Justin X. Wang justin@lawbw.com