Passim

Mandamus decisions / District of New Jersey

SAHAN v. MAYORKAS

District of New JerseyJulien Xavier NealsDecided November 22, 2024No. 2:23-cv-21147

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

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Agency USCIS Read by a model
To date, Plaintiff’s application has not been adjudicated and remains pending with the United States Citizenship and Immigration Services (“USCIS”).
Form or filing I-589 (asylum) Read by a model
Plaintiff filed his asylum application on August 27, 2020, meaning it has been pending for four years.
What the suit asked for Decide the asylum application Read by a model
Plaintiff requests, inter alia, that this Court (i) compel Defendants to schedule an asylum interview and make a determination on the application within ninety days of the interview;
Kind of order A ruling on a motion or the petition Read by a model
For the reasons set forth above, Defendants’ motion to dismiss is GRANTED, and the Complaint is DISMISSED without prejudice.
Motion decided Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim Read by a model
motion to dismiss Plaintiff Ufuk Sahan’s (“Plaintiff”) Complaint (ECF No. 1) (“Complaint” or “Compl.”) pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6).
Whose motion The government's motion Read by a model
On May 7, 2024, Defendants moved to dismiss the Complaint.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
Defendants’ motion to dismiss is GRANTED, and the Complaint is DISMISSED without prejudice.
Prevailing party Government Read by a model
Defendants’ motion to dismiss is GRANTED, and the Complaint is DISMISSED without prejudice.
The delay claim Dismissed Read by a model
Accordingly, the Court dismisses Plaintiff’s “unreasonable delay” claim under the APA for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6).
The other claims Dismissed Read by a model
Because there has been no “final agency action,” Plaintiff’s “arbitrary and capricious” claim under the APA is dismissed without prejudice for lack of subject matter jurisdiction pursuant to Rule 12(b)(1).
Months pending 50.9 months from the application to the court's decision Read by a model
Plaintiff applied for asylum in the United States on August 27, 2020.
TRAC factors The court did not weigh the TRAC factors Read by a model
The government's delay arguments Line-jumping accepted Read by a model
it would merely result in Plaintiff bypassing another individual who has been waiting for an interview, and this Court may not “compel agency action where the result would be merely to expedite the consideration of a plaintiff’s request ahead of others.”
Threshold rulings APA adequate-remedy bar applied (mandamus claim fails) Read by a model
This Court also lacks subject matter jurisdiction because an adequate alternative remedy exists – namely, Plaintiff’s claims under the APA.

How the case ended

Docket
No. 2:23-cv-21147
Filed
October 13, 2023
Ended
December 30, 2024
Suit's filing to its end
444 days
How it ended
Dismissed on jurisdiction or the merits
From the record
idb disp 6 (judgment: motion before trial), judgment for defendant

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

Supreme Court and Third 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.