Mandamus decisions / District of New Jersey
LEMUS v. MCALEENAN
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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
On March 27, 2020, Plaintiffs filed the complaint seeking relief under the Declaratory Judgment Act, 28 U.S.C. 2201 and 2202, to compel USCIS to adjudicate their U visa petitions. |
|---|---|
| Form or filing |
I-918 (U visa)
Read by a model
they sought to invoke the U nonimmigrant status, colloquially known as the U visa. |
| What the suit asked for |
Decide the application
Read by a model
On March 27, 2020, Plaintiffs filed the complaint seeking relief under the Declaratory Judgment Act, 28 U.S.C. 2201 and 2202, to compel USCIS to adjudicate their U visa petitions. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
For the reasons set forth below, Defendant’s Motion to Dismiss is GRANTED. |
| Motion decided |
Motion to dismiss for lack of jurisdiction
Read by a model
Presently before the Court is the Defendant’s Motion to Dismiss the Complaint (Doc. No. 13) pursuant to Federal Rule of Civil Procedure 12(b)(1) and (6). |
| Whose motion |
The government's motion
Read by a model
Presently before the Court is the Defendant’s Motion to Dismiss the Complaint (Doc. No. 13) |
| Disposition |
Dismissed
The case or every delay claim was dismissed for a reason other than mootness.
Read by a model
For the reasons set forth above, this Court lacks subject matter jurisdiction over Plaintiff’s complaint, and it will be dismissed with prejudice. |
| Prevailing party |
Government
Read by a model
For the reasons set forth above, this Court lacks subject matter jurisdiction over Plaintiff’s complaint, and it will be dismissed with prejudice. |
| The delay claim |
Dismissed
Read by a model
this Court lacks subject matter jurisdiction over Plaintiff’s complaint, and it will be dismissed with prejudice. |
| The other claims |
Dismissed
Read by a model
this Court lacks subject matter jurisdiction over Plaintiff’s complaint, and it will be dismissed with prejudice. |
| Months pending |
26 months from the application to the suit; 40.2 months from the application to the court's decision
Read by a model
filed a formal petition for U visas on January 25, 2018. |
| 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
the Court concludes that the requirements of 8 U.S.C. § 1252 (a)(2)(B)(ii) are met here. Accordingly, the Court lacks jurisdiction over Plaintiff’s Complaint. |
| U visa claims |
Final decision: dismissed under 1252(a)(2)(b)
Read by a model
the Court concludes that the requirements of 8 U.S.C. § 1252 (a)(2)(B)(ii) are met here. Accordingly, the Court lacks jurisdiction over Plaintiff’s Complaint. |
| Nationality |
El Salvador
Read by a model
Plaintiffs S.L., a foreign nation of El Salvador |
How the case ended
- Docket
- No. 1:20-cv-03344
- Filed
- March 27, 2020
- Ended
- June 3, 2021
- Suit's filing to its end
- 433 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.
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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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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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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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
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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.