Aziza Mukhtar, a refugee admitted to the U.S. in 2010, filed suit after USCIS denied her 2015 application for lawful permanent residency in July 2020. USCIS had rejected her medical examination form, saying it failed to adequately address her history of mental health issues, including major depressive disorder and psychotic symptoms documented during her initial refugee screening. Mukhtar had been arrested for kidnapping and child abuse in 2011 and spent three years at a Colorado mental health facility.
Writing for the unanimous panel, Circuit Judge Carson explained that Mukhtar's case became moot when USCIS provided exactly what she requested in her complaint. 'Plaintiff asked the court to set aside USCIS's July 2020 denial of her Form I-485 and to direct USCIS to issue a new decision on her application. That is precisely what happened,' Carson wrote. The court rejected Mukhtar's argument that USCIS acted without authority in reopening her case, finding the agency complied with regulatory requirements by giving her 87 days to respond to a new evidence request.
U.S. District Judge Regina Rodriguez had initially dismissed the case after USCIS reopened Mukhtar's application in November 2023 and sent a new request for medical evidence. When Mukhtar failed to respond by the January 2024 deadline—asking only for an extension until the court ruled on the motion to dismiss—USCIS denied her application again in May 2024. Mukhtar never sought reconsideration of that second denial or amended her complaint to challenge the new decision.
The ruling affirms the district court's finding that Mukhtar obtained the relief she sought, leaving her free to file a new lawsuit challenging the May 2024 denial if she chooses. The Tenth Circuit also rejected Mukhtar's argument that her case qualified for the 'capable of repetition yet evading review' exception to mootness, noting that she had ample opportunity to challenge the latest decision in future litigation.