Ken Ejimofor Ezeah v. Tracy Renaud and Jennifer B. Higgins

Summary

The United States District Court for the District of Vermont dismissed without prejudice a mandamus action seeking adjudication of pending VAWA and U-visa petitions. Because USCIS had denied the petitions and the plaintiff's requests for reconsideration were pending, the court concluded that no present relief remained available under the mandamus or Administrative Procedure Act theories. The court granted defendants' motion to dismiss and noted that a new action could be filed if reconsideration were granted and an unreasonable delay subsequently occurred.

Holdings

1. The mandamus action could not proceed because USCIS had acted on the VAWA and U-visa petitions, leaving no present judicial relief requiring the agency to adjudicate them.
2. The possibility that USCIS might reopen a petition and later delay acting did not provide a present basis for relief; if reconsideration is granted and a new period of unreasonable delay occurs, plaintiff may file a new APA complaint.

Questions Presented

1. Whether the plaintiff's mandamus action seeking adjudication of delayed immigration petitions became moot or otherwise nonjusticiable after USCIS denied the petitions.
2. Whether the possibility that USCIS might grant reconsideration and cause a new period of delay preserved a present claim for relief under the Administrative Procedure Act.

Disposition

dismissed