Mandamus decisions / District of New Hampshire
Perreault v. US Citizenship and Immigration Services
Read the decisionOriginal on CourtListener
2,914 written decisions from 2,661 cases in the whole mandamus and agency-delay group, the group's newest decided October 30, 2026. Updated November 3, 2026 at 1:24 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.
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 |
Department of State
Read by a model
Because USCIS and the State Department completed their processing of the visa application, this court is no longer able to grant Plaintiff any relief on his unreasonable delay claim against those agencies. |
|---|---|
| Form or filing |
DS-260 (immigrant visa)
Read by a model
Here, Mr. Perreault filed this action alleging that he and his wife had not received a decision on their visa application since their final interview. |
| What the suit asked for |
Decide the application
Read by a model
Here, Mr. Perreault filed this action alleging that he and his wife had not received a decision on their visa application since their final interview. |
| Kind of order |
A magistrate judge's recommendation
Read by a model
For the foregoing reasons, the magistrate judge recommends that the district judge: |
| Motion decided |
Motion to dismiss for lack of jurisdiction; Preliminary injunction or TRO; Summary judgment
Read by a model
the magistrate judge recommends that the district judge: (1) grant Defendants’ motion to dismiss (Doc. No. 18); (2) deny Plaintiff’s Motion for a Preliminary Injunction (Doc. No. 15); and (3) deny the remaining pending motions (Doc. Nos. 19, 22) as moot. |
| Whose motion |
Cross-motions
Read by a model
(1) grant Defendants’ motion to dismiss (Doc. No. 18); (2) deny Plaintiff’s Motion for a Preliminary Injunction (Doc. No. 15); |
| 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
For the foregoing reasons, the magistrate judge recommends that the district judge: |
| Prevailing party |
Neither side
Read by a model
For the foregoing reasons, the magistrate judge recommends that the district judge: |
| The delay claim |
Moot: the agency acted
Read by a model
The unreasonable delay claim is now moot and subject to dismissal for lack of jurisdiction. |
| The other claims |
Dismissed
Read by a model
Accordingly, this court lacks jurisdiction to review claims challenging the USCIS decision to revoke its prior approval of the I-130 Petition, and for that reason, Plaintiff’s effort to add supplemental claims relating to that agency’s decision to this case is futile. |
| Months pending | Not stated at filing The agency acted before this decision, so the months up to the decision are not a delay and are not shown. 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; Held moot
Read by a model
Accordingly, this court lacks jurisdiction to review claims challenging the USCIS decision to revoke its prior approval of the I-130 Petition, and for that reason, Plaintiff’s effort to add supplemental claims relating to that agency’s decision to this case is futile. |
| I-130 category |
Immediate relative
Read by a model
USCIS’s decision to revoke its prior approval of Plaintiff’s I-130 Petition, upon determining that Mrs. Perreault was not his immediate relative for purposes of obtaining a spousal visa. |
How the case ended
- Docket
- No. 1:25-cv-00171
- Filed
- May 7, 2025
- Ended
- October 24, 2025
- Suit's filing to its end
- 170 days
- How it ended
- Ended once the agency acted
- 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 First 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.
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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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Trump v. Hawaii, 585 U.S. 667
Supreme Court, June 26, 2018. Mandel's facially-legitimate-and-bona-fide standard governs constitutional challenges to entry restrictions, and a citation to a valid statutory ground ordinarily satisfies it.
ImmCite: treatment available, history exists, not clearance
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Department of State v. Muñoz, 602 U.S. 899
Supreme Court, June 21, 2024. A U.S. citizen has no fundamental liberty interest in a noncitizen spouse's admission, so marriage alone entitles the citizen neither to Mandel review of the consular refusal nor to an explanation beyond the statutory citation.
ImmCite: treatment available, history exists, not clearance
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Kleindienst v. Mandel, 408 U.S. 753
Supreme Court, June 29, 1972. When a visa refusal burdens a U.S. citizen's own constitutional rights, courts ask only whether the Executive gave a facially legitimate and bona fide reason and do not look behind it.
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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Patel v. Jaddou, 118 F.4th 475
First Circuit, October 16, 2024. Assuming statutory jurisdiction, § 1255(a) does not forbid USCIS from holding adjustment applications until a visa number is immediately available, so no § 706(1) claim lies against the abeyance policy; the Fourth Circuit rejects deciding the merits before the § 1252(a)(2)(B) question.
ImmCite: caution, adverse or limiting treatment found. Reasoning rejected in the Fourth Circuit by Lolakshi Kale v. Angelica Alfonso-Royals, 139 F.4th 329 (2025).
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Adams v. Baker, 909 F.2d 643
First Circuit, July 26, 1990. A visa denial stands under Mandel where the government states a facially legitimate and bona fide reason, and the court will not weigh the evidence behind it.
ImmCite: caution, adverse or limiting treatment found. Clarified (jurisdictional description superseded by Muñoz), as recognized in Teles De Menezes v. Rubio, 156 F.4th 1 (2025).
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Teles De Menezes v. Rubio, 156 F.4th 1
First Circuit, September 18, 2025. After Muñoz, consular nonreviewability is a merits defense rather than a jurisdictional bar, and it does not reach a challenge to the State Department's reclassification of an approved petition as opposed to a visa refusal.
ImmCite: treatment available, history exists, not clearance. ImmCite has read all 2 published decisions citing this case, as of 2026-10-31; none treats it adversely. That describes those decisions; it is not a determination that the case is good law.
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Towns of Wellesley, Concord & Norwood v. FERC, 829 F.2d 275
First Circuit, September 25, 1987. The First Circuit applies the TRAC factors when asked to compel agency action that has been unreasonably delayed.
ImmCite: treatment available, history exists, not clearance