Mandamus decisions / District of New Jersey
SALLOUM v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY
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
Here, Defendant USCIS confirmed receipt of Plaintiff’s asylum application on July 29, 2021. |
|---|---|
| Form or filing |
I-589 (asylum)
Read by a model
Here, Defendant USCIS confirmed receipt of Plaintiff’s asylum application on July 29, 2021. |
| What the suit asked for |
Decide the asylum application
Read by a model
Plaintiff requests, among other things, injunctive relief requiring Defendants to: (i) conduct his asylum interview within 30 days; and (ii) issue a decision on his asylum claim in the 30 days following that interview. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
For the following reasons, the Court GRANTS Defendants’ motion and dismisses Plaintiff’s Complaint without prejudice. |
| Motion decided |
Motion to dismiss for failure to state a claim
Read by a model
Defendants have moved to dismiss Plaintiff’s Complaint in its entirety, pursuant to Federal Rule of Civil Procedure (“Rule”) 12(b)(6). |
| Whose motion |
The government's motion
Read by a model
Defendants have moved to dismiss Plaintiff’s Complaint in its entirety, pursuant to Federal Rule of Civil Procedure (“Rule”) 12(b)(6). |
| Disposition |
Dismissed
The case or every delay claim was dismissed for a reason other than mootness.
Read by a model
For the foregoing reasons, the Court GRANTS Defendants’ motion to dismiss, (D.E. No. 15), and dismisses Plaintiff’s Complaint without prejudice. |
| Prevailing party |
Government
Read by a model
For the foregoing reasons, the Court GRANTS Defendants’ motion to dismiss, (D.E. No. 15), and dismisses Plaintiff’s Complaint without prejudice. |
| The delay claim |
Dismissed
Read by a model
For the foregoing reasons, the Court GRANTS Defendants’ motion to dismiss, (D.E. No. 15), and dismisses Plaintiff’s Complaint without prejudice. |
| Months pending |
41.5 months from the application to the suit; 53.4 months from the application to the court's decision
Read by a model
Plaintiff alleges that he applied for asylum in the United States, and that Defendant USCIS confirmed receipt of that application on July 29, 2021. |
| 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
Moreover, the Court cannot “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
because an alternative remedy is available to Plaintiff under the APA (i.e. a claim that Defendants failed to adjudicate their asylum applications in a reasonably timely manner) this Court must dismiss his Mandamus Act claim. |
How the case ended
- Docket
- No. 2:25-cv-00334
- On the docket
- This ruling (ECF 22)
- Filed
- January 13, 2025
- Ended
- December 31, 2025
- Suit's filing to its end
- 352 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.
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 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.
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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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Oil, Chemical & Atomic Workers Union v. OSHA, 145 F.3d 120
Third Circuit, March 16, 1998. The Third Circuit weighs the TRAC factors in deciding whether to compel agency action that has been unreasonably delayed.
ImmCite: treatment available, history exists, not clearance. ImmCite has read the one published decision citing this case, as of 2026-11-03; it does not treat the case adversely. That describes that decision; it is not a determination that the case is good law.
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Geda v. Director, USCIS, 126 F.4th 835
Third Circuit, January 23, 2025. Section 1255(a) commits both the adjustment decision and the process and pace for reaching it to the Secretary's discretion, so § 1252(a)(2)(B)(ii) strips district courts of jurisdiction over challenges to USCIS's adjudication hold policy and § 1252(a)(2)(D) does not restore it.
ImmCite: treatment available, history exists, not clearance