Mandamus decisions / District of Maryland
Cortez Flores v. Miller
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
Mrs. Cortez submitted her Form I-601A Application on November 13, 2020, which has yet to be adjudicated by the USCIS. |
|---|---|
| Form or filing |
I-601A (provisional waiver)
Read by a model
seeking the adjudication of Plaintiff Cortez’s1 I-601A Application for Provisional Unlawful Presence Waiver (“I-601A Application”). |
| What the suit asked for |
Decide the application
Read by a model
seeking the adjudication of Plaintiff Cortez’s1 I-601A Application for Provisional Unlawful Presence Waiver (“I-601A Application”). |
| Kind of order |
A procedural order
Read by a model
Defendants’ Motion to Stay (ECF No. 9) is GRANTED; |
| Motion decided | None Read by a model |
| Whose motion |
The government's motion
Read by a model
Defendants’ Motion to Stay (ECF No. 9) is GRANTED; |
| Disposition |
Procedural order
A scheduling, briefing, stay, show-cause or other procedural order. Not counted as either side's win.
Read by a model
Defendants’ Motion to Stay (ECF No. 9) is GRANTED; |
| Prevailing party |
Neither side
Read by a model
Defendants’ Motion to Stay (ECF No. 9) is GRANTED; |
| The delay claim |
Not decided here
Read by a model
The case is hereby STAYED until the Fourth Circuit publishes its decision in Lovo v. Miller, No. 15-1571; |
| Months pending |
32.4 months from the application to the suit; 35.6 months from the application to the court's decision
Read by a model
Mrs. Cortez submitted her Form I-601A Application on November 13, 2020, which has yet to be adjudicated by the USCIS. |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings | None Read by a model |
How the case ended
- Docket
- No. 1:23-cv-02004
- Filed
- July 25, 2023
- Ended
- April 11, 2024
- Suit's filing to its end
- 261 days
- How it ended
- Ended once the agency acted
- From the record
- idb disp 12 (dismissed: voluntarily)
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 Fourth 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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Gonzalez v. Cuccinelli, 985 F.3d 357
Fourth Circuit, January 14, 2021. Courts may review delay in placing U-visa petitioners on the waitlist under the TRAC factors and should not dismiss such claims at the pleading stage, but lack jurisdiction over delay in pre-waitlist work-permit requests, a point on which the Sixth Circuit disagrees.
ImmCite: caution, adverse or limiting treatment found. Rejected in the Sixth Circuit by Barrios Garcia v. U.S. Department of Homeland Security, 25 F.4th 430 (2022).
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Lovo v. Miller, 107 F.4th 199
Fourth Circuit, July 3, 2024. The 'decision or action' language of § 1182(a)(9)(B)(v), which the court treated as coextensive with § 1252(a)(2)(B)(ii), does not reach USCIS inaction, so a district court may hear a claim that USCIS unreasonably delayed a provisional unlawful-presence waiver.
ImmCite: treatment available, history exists, not clearance. ImmCite has read all 5 published decisions citing this case, as of 2026-11-07; none treats it adversely. That describes those decisions; it is not a determination that the case is good law.