Kiromi

Full title: AMIR NISSAN KIROMI, Plaintiff, v. DISTRICT DIRECTOR, USCIS DETROIT; UNITED…

Court: United States District Court, E.D. Michigan, Southern Division

Date published: Jul 13, 2007

Facts

On January 29, 2007, the Plaintiff, Amir Nissan Kiromi, filed this lawsuit in which he alleged that the Defendants, the United States Department of Homeland Security, the United States Attorney General, and the District Director of the United States Citizenship and Immigration Services (USCIS), have delayed the adjudication of his application for a change of his immigration status without justification or any expressed legitimate reason. On March 30, 2007, the Defendants moved to dismiss his claim under Fed.R.Civ.P. 12(b)(1) and (6), contending that the Court lacks subject matter jurisdiction and that Kiromi’s complaint has failed to state a claim upon which relief can be granted.

Issue

Decision

In summary, the Court concludes that Kiromi has failed to establish a good and sufficient basis for the issuance of a writ of mandamus. Accordingly, his application for a mandate for immediate action from the Court does not satisfy the minimum standard that must be satisfied under existing federal law. Hence, the Defendants’ motion to dismiss must be, and is, granted.

IT IS SO ORDERED

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