Passim

Mandamus decisions / District of Nebraska

Huox v. Director, U.S. Citizenship and Immigration Services

District of NebraskaJohn Melvin GerrardDecided May 6, 2025No. 8:25-cv-00155

Read the decisionOriginal on CourtListener

2,917 written decisions from 2,664 cases in the whole mandamus and agency-delay group, the group's newest decided October 30, 2026. Updated November 3, 2026 at 7:07 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 1,606 public decisions since January 1, 2025 that a CourtListener and GovInfo search for mandamus and agency delay finds, Passim holds 1,371 (85%), measured November 3, 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
Frustrated with U.S. Citizenship and Immigration Services' (USCIS) delay in deciding those petitions, the plaintiff is asking this Court for an order directing USCIS to make a decision.
Form or filing I-765 (EAD); I-918 (U visa); I-918A Read by a model
The plaintiff in this case has petitioned for a U visa, either using Form I-918 or Form I-918A (which is for qualifying family members of U visa recipients). See filing 1. And the plaintiff has petitioned for work authorization, using Form I-765.
What the suit asked for Issue a work permit Read by a model
asks the Court to order USCIS to make a decision on the work authorization application within 14 days, by determining both whether the plaintiff has filed a "bona fide" U-visa petition and whether to issue employment authorization documents.
Kind of order A ruling on a motion or the petition Read by a model
The defendant's motion to dismiss (filing 5) is granted.
Motion decided Motion to dismiss for lack of jurisdiction Read by a model
USCIS moves to dismiss the complaint for lack of jurisdiction. Filing 5.
Whose motion The government's motion Read by a model
USCIS moves to dismiss the complaint for lack of jurisdiction.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
The plaintiff's complaint is dismissed.
Prevailing party Government Read by a model
The defendant's motion to dismiss (filing 5) is granted.
The delay claim Dismissed Read by a model
The plaintiff's complaint is dismissed.
Months pending Not stated Read by a model
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
As such, judicial review of the plaintiff's claim is barred by § 1252(a)(2)(B)(ii).
U visa claims Bona fide determination: dismissed under 1252(a)(2)(b); Work permit: dismissed under 1252(a)(2)(b) Read by a model
As such, judicial review of the plaintiff's claim is barred by § 1252(a)(2)(B)(ii).

How the case ended

Docket
No. 8:25-cv-00155
Filed
February 27, 2025
Ended
May 6, 2025
Suit's filing to its end
68 days
How it ended
Dismissed on jurisdiction or the merits
From the record
order 2025-05-06 for the defendants, ground not stated; 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.

Supreme Court and Eighth 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 3, 2026. Check the current status before relying on one.