Passim

Mandamus decisions / Southern District of New York

Saharia v. United States Citizenship and Immigration Services

Southern District of New YorkNelson Stephen RomanDecided August 5, 2022No. 7:21-cv-03688

Read the decisionOriginal on CourtListener

2,996 written decisions from 2,731 cases in the whole mandamus and agency-delay group, the group's newest decided November 12, 2026. Updated November 14, 2026 at 1:17 a.m. CT; the Passim connector counts the live collection, which can differ by the day's additions and retirements (which total to quote). Coverage: of the 1,617 public decisions since January 1, 2025 that a CourtListener and GovInfo search for mandamus and agency delay finds, Passim holds 1,406 (87%), 1,039 of them in this group, measured November 14, 2026. Some of what that search finds are not mandamus decisions. Tell us about a decision we're missing.

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What the decision decided

Each value cites the passage it was read from. Values read by a model were checked against that passage; values read by rule come from fixed text patterns. Read the decision before relying on either.

Agency USCIS Read by a model
To date, Plaintiff’s EB-5 application has been pending for approximately 31 months because USCIS has yet to adjudicate his Form I-526 petition.
Form or filing I-526 (investor petition) Read by a model
To date, Plaintiff’s EB-5 application has been pending for approximately 31 months because USCIS has yet to adjudicate his Form I-526 petition.
What the suit asked for Decide the application Read by a model
As relief, Plaintiff requests that the Court declare that delays in the adjudication of the petition were unreasonable and compel adjudication of his petition.
Kind of order A ruling on a motion or the petition Read by a model
For the foregoing reasons, the Court DENIES Defendant’s motion to dismiss Plaintiff's Complaint.
Motion decided Motion to dismiss for failure to state a claim Read by a model
Presently pending before the Court is USCIS’s motion to dismiss pursuant to Federal Rule of Civil Procedure § 12(b)(6).
Whose motion The government's motion Read by a model
Presently pending before the Court is USCIS’s motion to dismiss pursuant to Federal Rule of Civil Procedure § 12(b)(6).
Disposition Government's motion denied; the case goes on The government's motion (to dismiss, or for summary judgment) was denied, so the case goes on. Counted as the applicant's ruling; a later decision in the case can still go either way. Read by a model
For the foregoing reasons, the Court DENIES Defendant’s motion to dismiss Plaintiff's Complaint.
Prevailing party Applicant Read by a model
For the foregoing reasons, the Court DENIES Defendant’s motion to dismiss Plaintiff's Complaint.
The delay claim The delay claim goes on Read by a model
For the foregoing reasons, the Court DENIES Defendant’s motion to dismiss Plaintiff's Complaint.
Months pending 17.4 months from the application to the suit; 32.8 months from the application to the court's decision Read by a model
On November 12, 2019, he filed an Immigrant Petition by Alien Investor
TRAC factors The court weighed the TRAC factors
  • 1. Rule of reasonfavors the government
  • 2. Congressional timetablefavors the applicant
  • 3. Human health and welfarefavors the applicant
  • 4. Competing prioritiesfavors the government
  • 5. Interests prejudicedfavors the applicant
  • 6. No impropriety neededneutral
Read by a model
Hence, the first TRAC factor weighs in favor of USCIS.
The government's delay arguments First-in, first-out processing accepted; Line-jumping accepted Read by a model
Similarly here, the Court is of the view that USCIS has supplied a rule of reason for the timing of its adjudicative process of I-526 petitions. Hence, the first TRAC factor weighs in favor of USCIS.
Threshold rulings None Read by a model
Nationality India Read by a model
Plaintiff is a citizen of India who currently resides in Tarrytown, New York.

How the case ended

Docket
No. 7:21-cv-03688
On the docket
This ruling (ECF 25)
Filed
April 26, 2021
Ended
March 3, 2023
Suit's filing to its end
676 days
How it ended
Dismissed, ground not recorded
From the record
idb disp 14 (dismissed: other)

A voluntary or stipulated dismissal is how most suits end once the agency acts; the docket rarely says why. Other suits in this court.

The ruling's entry is the docket's one order or judgment entered the day of the decision. Both come from CourtListener's copy of the docket; check them there.

Supreme Court and Second Circuit authority

District decisions bind no one. On the questions this decision raises, the Supreme Court decisions and the circuit's published decisions listed here bind this court; a circuit disposition marked nonprecedential was not published as precedent and is persuasive only. ImmCite status as read November 14, 2026. Check the current status before relying on one.