Mandamus decisions / Eastern District of Virginia

Qiu v. Mayorkas

Eastern District of VirginiaRoderick C. YoungDecided January 29, 2024No. 3:23-cv-00413

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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 His I-589 asylum petition has been pending since 2017, and up until the date of the action, had not been processed by United States Citizenship and Immigration Services (USCIS).
Form or filing	I-589 (asylum) Read by a model His I-589 asylum petition has been pending since 2017, and up until the date of the action, had not been processed by United States Citizenship and Immigration Services (USCIS).
What the suit asked for	Decide the asylum application Read by a model Plaintiff filed his writ of mandamus seeking to compel USCIS to process his asylum application.
Kind of order	A ruling on a motion or the petition Read by a model Defendant’s Motion to Dismiss (ECF No. 5) will be granted.
Motion decided	Motion to dismiss for lack of jurisdiction; Transfer Read by a model On September 18, 2023, Defendants filed a 12(b)(1) Motion to Dismiss for lack of subject matter jurisdiction, or in the alternative, seeking a stay of proceedings or transfer.
Whose motion	The government's motion Read by a model On September 18, 2023, Defendants filed a 12(b)(1) Motion to Dismiss for lack of subject matter jurisdiction, or in the alternative, seeking a stay of proceedings or transfer.
Disposition	Dismissed as moot Dismissed or denied as moot because the agency acted. Read by a model Defendants’ actions have rendered Plaintiff’s desired relief moot
Prevailing party	Neither side Read by a model Defendants’ actions have rendered Plaintiff’s desired relief moot
The delay claim	Moot: the agency acted Read by a model the Court finds that the issues underpinning this litigation are moot, and therefore the Court lacks subject matter jurisdiction to proceed any further with this matter.
Months pending	67.9 months from the application to the suit 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 which he filed with the United States Citizenship and Immigration Services (USCIS) on October 23, 2017.
TRAC factors	The court did not weigh the TRAC factors Read by a model
Threshold rulings	Held moot Read by a model the Court finds that the issues underpinning this litigation are moot, and therefore the Court lacks subject matter jurisdiction to proceed any further with this matter.
Nationality	China Read by a model Plaintiff Jiajun Qiu is a Chinese citizen seeking asylum in the United States.

How the case ended

Docket: No. 3:23-cv-00413
Filed: June 26, 2023
Ended: January 29, 2024
Suit's filing to its end: 217 days
How it ended: Ended once the agency acted
From the record: idb disp 14 (dismissed: other)

A voluntary or stipulated dismissal is how most suits end once the agency acts; the docket rarely says why.

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.

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
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).
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.