Russell Abrutyn

Abrutyn Law PLLC

3765 12 Mile Road

Berkley, MI 48072


Monday, April 25, 2011

Court dismissed Tier III mandamus complaint

Seydi v. USCIS, 2011 WL 1135553 (E.D. Mich. Mar. 28, 2011) (unpublished).

The alien filed an adjustment of status application 5 years ago after having been granted asylum.  The USCIS has placed the case on hold because the alien apparently belonged to a Tier III "terrorist" organization.  The court declined to exercise jurisdiction over the mandamus complaint because it would require it to get involved in the Tier III/material support determinations that are made by the various agencies.  The court also noted that the USCIS would deny the application if push came to shove, because five years is not enough time for it to do its job.

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