Mandamus decisions / Northern District of Texas
Ziae v. Garland
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.
These are counts of past written decisions and dockets, not predictions of how any case will be decided. A distribution appears only when at least 5 decisions (or 5 dockets) are behind it; smaller groups are listed, not summarized. How it's counted.
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
USCIS denied Ziae’s requests for expedited processing, id. ¶ 11, and his Forms I-131 remain pending. |
|---|---|
| Form or filing |
I-131 (travel document)
Read by a model
applications for parole entry into the United States (Forms I-131) |
| What the suit asked for |
Some other action
Read by a model
This case concerns a purported unreasonable delay in the adjudication of pro se Plaintiff Sadia Ziae’s applications for “humanitarian parole” on behalf of several of his family members living in Afghanistan. |
| Kind of order |
A magistrate judge's recommendation
Read by a model
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE |
| Motion decided |
Motion to dismiss for lack of jurisdiction
Read by a model
For the reasons explained below, the District Judge should GRANT Defendants’ Motion to Dismiss under Federal Rule of Civil Procedure 12(b)(1). |
| Whose motion |
The government's motion
Read by a model
Defendants filed a Motion to Dismiss Ziae’s complaint for lack of subject matter jurisdiction or, alternatively, for insufficient service of process. |
| Disposition |
Magistrate judge's recommendation
A magistrate judge's report and recommendation. The district judge decides whether to adopt it, so it is not counted as either side's win.
Read by a model
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE |
| Prevailing party |
Neither side
Read by a model
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE |
| The delay claim |
Dismissed
Read by a model
The District Judge should dismiss Ziae's claims against Defendants under Rule 12(b)(1). |
| Months pending |
25.1 months from the application to the suit; 31 months from the application to the court's decision
Read by a model
On April 8, 2022, he submitted applications for parole entry into the United States (Forms I-131) |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings |
Section 1252(a)(2)(B) bar applied
Read by a model
In sum, the weight of authority favors finding that § 1252(a)(2)(B)(ii) bars the Court from reviewing Ziae’s claims. |
| Nationality |
Afghanistan
Read by a model
on behalf of six of his family members, Afghan nationals, living in Afghanistan. |
How the case ended
- Docket
- No. 3:24-cv-01122
- On the docket
- This ruling (ECF 15)
- Filed
- May 14, 2024
- Ended
- December 19, 2024
- Suit's filing to its end
- 219 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 Fifth 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.
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Kucana v. Holder, 558 U.S. 233
Supreme Court, January 20, 2010. Section 1252(a)(2)(B)(ii) bars review only of decisions whose discretionary character is specified by statute, not discretion the agency gives itself by regulation.
ImmCite: treatment available, history exists, not clearance
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Patel v. Garland, 596 U.S. 328
Supreme Court, May 16, 2022. Section 1252(a)(2)(B)(i) bars review of any judgment regarding the granting of the listed forms of relief, including the factual findings on which a denial of adjustment rests.
ImmCite: treatment available, history exists, not clearance
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Bouarfa v. Mayorkas, 604 U.S. 6
Supreme Court, December 10, 2024. Revoking an approved visa petition under § 1155 is a discretionary decision or action that § 1252(a)(2)(B)(ii) places beyond judicial review.
ImmCite: treatment available, history exists, not clearance
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Norton v. Southern Utah Wilderness Alliance, 542 U.S. 55
Supreme Court, June 14, 2004. Section 706(1) and mandamus reach only a discrete agency action that the agency is legally required to take, so a court cannot compel programmatic improvements or action the law leaves to agency discretion.
ImmCite: treatment available, history exists, not clearance
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Cheejati v. Blinken, 106 F.4th 388
Fifth Circuit, July 5, 2024. The pace at which USCIS adjudicates adjustment applications during visa retrogression is a discretionary action under § 1255(a) that § 1252(a)(2)(B)(ii) shields from review, agreeing with the Eighth Circuit's Thigulla.
ImmCite: treatment available, history exists, not clearance. ImmCite has read all 7 published decisions citing this case, as of 2026-11-13; none treats it adversely. That describes those decisions; it is not a determination that the case is good law.
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Mendoza-Tarango v. Flores, 982 F.3d 395
Fifth Circuit, December 8, 2020. A § 706(1) or mandamus claim requires a discrete, legally required action, and USCIS had no nondiscretionary duty to administer the naturalization oath at a prison.
ImmCite: unchecked, treatment not confirmed yet, not evidence either way. ImmCite has found no published decision citing this case as of 2026-11-01; it checks for new citing decisions daily. That is not a determination that the case is good law. The citation index lists 7 other decisions citing it, none a Supreme Court, BIA or Attorney General precedent or a published circuit opinion; ImmCite's status does not review them.