Yustiz Andueza v. US Department of Homeland Security

Response to Motion

Defendants filed a brief in support of their Rule 12(b)(1) motion to dismiss, arguing the court lacks subject-matter jurisdiction over the plaintiff’s APA and mandamus claims based on 8 U.S.C. §1252(a)(2)(B)(ii), 5 U.S.C. §701(a), and 8 U.S.C. §1158(d)(7), and asking the court to dismiss the complaint. The complaint alleges the plaintiff filed an I-589 on 2016-01-26, completed an asylum interview on 2024-08-22, and seeks an order compelling USCIS to adjudicate the asylum application.

On May 4, 2026, the defendants filed a motion to dismiss the plaintiff’s complaint for lack of subject-matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1), accompanied by a brief in support; the filing does not specify any hearing date or court-ordered deadlines.

A "Consent/Refusal to Jurisdiction by US Magistrate Judge" form was filed in the case. The entry does not indicate whether consent or refusal was selected, who completed the form, or what procedural effect (if any) resulted.

On 2026-03-11, a document titled "Response to Motion" was filed in the case; the entry does not state who filed it, which motion is being opposed or responded to, or any court action or ruling on the response.

On 2026-03-09 the docket shows an entry titled "Extension of Time to File Answer." The entry does not indicate who filed it, whether the court granted the extension, or what new deadline (if any) was set.

The docket entry indicates a summons was returned executed as to the United States. The entry does not state who served the summons or describe any subsequent procedural action or effect.

The docket entry appears to indicate that a "Consent/Refusal to Jurisdiction by US Magistrate Judge" document was filed; the entry does not state who completed the form or what the procedural effect or choice (consent or refusal) was.

The docket entry appears to indicate that a party filed a request for issuance of a summons on 2026-01-06; the entry does not state who filed the request or whether the court has issued the summons.

The docket entry appears to indicate that a party filed a request for issuance of a summons on 2026-01-06. The entry does not state who filed the request or whether the court has issued the summons.

The plaintiff filed a disclosure statement in the case; the docket entry records the filing of that disclosure statement.

The plaintiff filed a complaint on 2026-01-05 seeking injunctive and mandamus relief to compel DHS/USCIS and named agency officials to adjudicate a long-pending I-589 asylum application filed on 2016-01-26, alleging an unreasonable 10-year delay, attendance at an asylum interview on 2024-08-22, and that a USCIS policy memorandum dated 2025-12-02 placed a hold on processing; the complaint requests an order compelling adjudication, retention of jurisdiction to ensure compliance, and an award of attorney’s fees under EAJA.