Mandamus decisions / District of Massachusetts
Bhujel v. Nielson
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
Bhujel reapplied for an adjustment to LPR status in March 2018, but USCIS denied his request on September 10, 2018. |
|---|---|
| Form or filing |
I-485 (adjustment of status)
Read by a model
On January 5, 2017, after USCIS approved his employer’s “Immigrant Petition for Alien Worker,” Bhujel applied for an adjustment to LPR status. |
| What the suit asked for | Not recorded Read by a model |
| Kind of order |
A ruling on a motion or the petition
Read by a model
For the reasons that follow, both motions are ALLOWED in part and DENIED in part. |
| Motion decided |
Motion to dismiss for failure to state a claim; Summary judgment
Read by a model
Accordingly, the defendants’ motion to dismiss and for summary judgment (Doc. No. 11) is ALLOWED in part and DENIED in part, and Bhujel’s motion for summary judgment (Doc. No. 16) is ALLOWED in part and DENIED in part. |
| Whose motion |
Cross-motions
Read by a model
Pending before the Court are the defendants’ motion to dismiss and for summary judgment, Doc. No. 11, and Bhujel’s cross-motion for summary judgment, Doc. No. 16. |
| Disposition | Dismissed in part; some claims go on The government's motion to dismiss was granted in part: some claims were dismissed and others go on. Read by a model |
| Prevailing party | Each side in part Read by a model |
| The other claims |
Some dismissed, some go on
Read by a model
Count One is DISMISSED. As to Bhujel’s APA claim (Count Two in his Complaint, Doc. No. 1 ¶¶ 40-47), the defendants’ motion is DENIED, Bhujel’s motion is ALLOWED, and the matter is REMANDED to the agency for further proceedings consistent with this Order. |
| Months pending |
23.7 months from the application to the suit; 20.1 months from the application to the agency's action
Read by a model
Bhujel reapplied for an adjustment to LPR status in March 2018, but USCIS denied his request on September 10, 2018. |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings |
APA adequate-remedy bar applied (mandamus claim fails)
Read by a model
In this case, as explained in the preceding discussion, the APA provides Bhujel an adequate remedy |
| Nationality |
Nepal
Read by a model
Gyan Bahadur Bhujel, a citizen of Nepal |
How the case ended
- Docket
- No. 1:18-cv-12644
- Filed
- December 27, 2018
- Ended
- March 13, 2020
- Suit's filing to its end
- 442 days
- How it ended
- Remanded to the agency
- From the record
- idb disp 11 (remanded to U.S. agency)
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 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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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. ImmCite has read all 5 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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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).