Mandamus decisions / Northern District of Illinois
Nayi v. MAYORKAS
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
The Complaint alleges an unreasonable delay in USCIS’s “statutory obligation” to process their petition. |
|---|---|
| Form or filing |
I-918 (U visa); I-918A
Read by a model
On June 25, 2024, Plaintiffs filed an I-918 petition for Mrs. Nayi and I-918A petitions for her husband and children for U nonimmigrant status. |
| What the suit asked for |
Decide the application
Read by a model
Plaintiffs claim that Defendants have unreasonable delayed the determination of whether Plaintiffs have “bona fide” petitions, the decision on whether Plaintiffs are authorized for employment; and the processing of their petitions. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
For the reasons stated above, Defendants’ motion to dismiss [5] is granted. |
| Motion decided |
Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim; Other motion to dismiss
Read by a model
moved to dismiss this action under Rules 12(b)(1), 12(b)(3), and 12(b)(6) of the Federal Rules of Civil Procedure. |
| Whose motion |
The government's motion
Read by a model
Defendants move to dismiss the Complaint under Rule 12(b)(1) of the Federal Rules of Civil Procedure. |
| Disposition |
Dismissed
The case or every delay claim was dismissed for a reason other than mootness.
Read by a model
Plaintiffs’ Complaint is dismissed for lack of subject matter jurisdiction and failure to state a claim. |
| Prevailing party |
Government
Read by a model
For the reasons stated above, Defendants’ motion to dismiss [5] is granted. |
| The delay claim |
Dismissed
Read by a model
Plaintiffs’ Complaint is dismissed for lack of subject matter jurisdiction and failure to state a claim. |
| Months pending |
8.2 months from the application to the suit; 14.5 months from the application to the court's decision
Read by a model
On June 25, 2024, Plaintiffs filed an I-918 petition for Mrs. Nayi and I-918A petitions for her husband and children for U nonimmigrant status. |
| TRAC factors |
The court weighed the TRAC factors
Thus, the first factor favors USCIS. |
| The government's delay arguments |
First-in, first-out processing accepted; Line-jumping accepted
Read by a model
Without a statutory scheme, the Court has no reason to disturb USCIS’s processing of petitions in the order in which they are filed. Thus, the second factor favors USCIS. |
| Threshold rulings |
Section 1252(a)(2)(B) bar applied; Section 1252(a)(2)(B) bar rejected; APA adequate-remedy bar applied (mandamus claim fails)
Read by a model
In conclusion, the Court holds that it lacks subject matter jurisdiction over Plaintiffs’ APA claims alleging unreasonable delay in USCIS’s determining whether Plaintiffs’ petitions are bona fide and whether Plaintiffs are authorized for employment. |
| U visa claims |
Final decision: dismissed; Bona fide determination: dismissed under 1252(a)(2)(b); Work permit: dismissed under 1252(a)(2)(b)
Read by a model
Thus, the Court concludes that the Complaint fails to state an APA claim for unreasonable delay and dismisses the remainder of Count I under Rule 12(b)(6). |
| Nationality |
India
Read by a model
Plaintiffs are natives and citizens of India who live in Cook County, Illinois. |
How the case ended
- Docket
- No. 1:25-cv-02024
- Filed
- February 26, 2025
- Ended
- September 9, 2025
- Suit's filing to its end
- 195 days
- How it ended
- Dismissed, ground not recorded
- 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. Other suits in this court.
Supreme Court and Seventh 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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Iddir v. INS, 301 F.3d 492
Seventh Circuit, August 6, 2002. INS had a nondiscretionary duty to adjudicate diversity-visa applications and § 1252(a)(2)(B)(ii) does not bar review of a failure to act, but no relief is available once the fiscal year ends.
ImmCite: caution, adverse or limiting treatment found. Questioned by Akash Shahi v. United States Department of S, 33 F.4th 927 (2022).
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Calderon-Ramirez v. McCament, 877 F.3d 272
Seventh Circuit, December 5, 2017. USCIS must process U-visa petitions within a reasonable time, but neither mandamus nor the APA offers relief to an applicant who shows nothing setting him apart from those ahead of him in the oldest-first queue.
ImmCite: treatment available, history exists, not clearance. ImmCite has read all 3 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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Pak v. Biden, 91 F.4th 896
Seventh Circuit, January 31, 2024. Consular nonreviewability bars a systemic challenge to how terrorism-related inadmissibility exemptions are considered, a matter the statute commits to the Secretaries' sole unreviewable discretion, and a statutory citation with a facial link to the record satisfies Mandel.
ImmCite: treatment available, history exists, not clearance. ImmCite has read all 2 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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Shahi v. United States Department of State, 33 F.4th 927
Seventh Circuit, May 6, 2022. Courts cannot order a diversity visa issued after the fiscal year ends whatever relief is requested, because the statute ends eligibility, and the Mandamus Act supplies a remedy rather than jurisdiction.
ImmCite: unchecked, treatment not confirmed yet, not evidence either way. ImmCite has found no published decision citing this case as of 2026-10-29; it checks for new citing decisions daily. That is not a determination that the case is good law. The citation index lists 10 other decisions citing it, none a Supreme Court, BIA or Attorney General precedent or a published circuit opinion; ImmCite's status does not review them.