Kim v. Ashcroft

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• denying motion to dismiss where plaintiff had waited four years for adjudication of his application
• “[T]he CIS simply does not possess unfettered discretion to relegate aliens to a state of ‘limbo,’ leaving them to languish there indefinite ly.”
• court has subject matter 4 jurisdiction under the APA to determine whether a 42-month delay in adjudicating an immigration- related petition is unreasonable
• “[W]here a plaintiff alleges that the defendant violated the APA, the court may exercise subject matter jurisdiction pursuant to section 1331.”
• “[T]he [US]CIS simply does not possess unfettered discretion to relegate aliens to a state of ‘limbo,’ leaving them to languish there indefinitely.”
• “Although it is entirely possible that th[e] delay is reasonable, there is insufficient information upon which to base such a determination at this stage in the proceedings.”

Source: CourtListener parenthetical corpus (CC0).