Dist. Ct. did not err in granting defendants’ motion to dismiss plaintiff-alien’s petition for writ of mandamus requesting that Dist. Ct. compel defendants to immediately adjudicate his pending U-visa application under circumstances where said application had been pending for approximately 1.5 years. Although plaintiff has right to adjudication regarding his application for both U-visa waiting list and for U-visa itself, plaintiff was not entitled to mandamus relief, since plaintiff failed to set forth any facts that would differentiate himself from other petitioners filing ahead of him whose applications had also not been adjudicated. Moreover, plaintiff was not entitled to similar relief under Administrative Procedure Act since instant 1.5 year delay was not unreasonable given 150,000 increase in pending U-visa applications.
Federal 7th Circuit Court
Civil Court
Immigration