I-485 Mandamus Victory in Detroit: Labaneya v. USCIS

I-485 Mandamus Victory in Detroit: Labaneya v. USCIS

"In this case, Mr. Baytiyeh's I-485 application for Adjustment of Status has been pending for more than four years. The only explanation for the four-year delay provided by Defendants is that offered in the Declaration of Jovana Gjelaj, a Senior Immigration Services Officer stationed in the Detroit Office of the USCIS. Ms. Gjelaj's explanation, however, really explains nothing. ... Ms. Gjelaj offers no explanation as to why nothing has been done since May 2012 to obtain new fingerprints from Mr. Baytiyeh -- and, of course, the fact that the prints are expired is due in large part to the delay by CIS -- nor does she explain the more than four- year delay in completing the review of Baytiyeh's application since the FBI name check and IBIS results were received. Merely stating that subsequent action or information may be required is tantamount to no explanation at all.

In light of the inordinate length of delay in adjudicating Mr. Baytiyeh's Application for Adjustment of Status, in order for the Court to make an informed decision as to whether the inaction of the USCIS should be treated as an abandonment or refusal to process the application, or whether there is a specific and justifiable explanation for the delay, IT IS HEREBY ORDERED that the parties shall appear before the Honorable Gerald E. Rosen, Chief Judge, in his courtroom, Room 734 Theodore Levin U.S. Courthouse, 231 W. Lafayette Blvd., Detroit, Michigan 48226 on Monday, September 9, 2013 at 11:30 a.m. and SHOW CAUSE why the Court should not conclude that the USCIS has abandoned or refused to process Mr. Baytiyeh's Application for Adjustment of Status. At this hearing, Defendants shall produce a representative of the USCIS to testify or provide information enabling the Court to make an informed decision on this matter.  SO ORDERED.  Dated: August 29, 2013  /s/ Gerald E. Rosen  GERALD E. ROSEN  CHIEF, U.S. DISTRICT COURT" - Labaneya v. USCIS, Aug. 29, 2013.  [Hats off to Marshal E. Hyman!]