Mandamus decisions / District of Maryland
Adiele 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
Adjudicating a Form I-360 is considered a non-discretionary duty of the USCIS. |
|---|---|
| Form or filing |
I-360 (special immigrant petition)
Read by a model
Ms. Adiele explains that she filed a Form I-360 on July 25, 2022. |
| What the suit asked for |
Decide the application
Read by a model
Invoking the Mandamus Act and Administrative Procedure Act (“APA”), she seeks a court order compelling the USCIS to adjudicate her application. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
For the foregoing reasons, Defendants’ Motion to Dismiss is GRANTED. |
| Motion decided |
Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim
Read by a model
In lieu of an answer, Defendants filed the pending Motion seeking dismissal based on lack of jurisdiction and, alternatively, failure to state a claim. |
| Whose motion |
The government's motion
Read by a model
BEFORE THE COURT is the Defendants’ Motion to Dismiss, or in the alternative, for Summary Judgment. |
| Disposition |
Dismissed
The case or every delay claim was dismissed for a reason other than mootness.
Read by a model
All claims in the Complaint are hereby DISMISSED without prejudice to re-file should any delays become unreasonable. |
| Prevailing party |
Government
Read by a model
For the foregoing reasons, Defendants’ Motion to Dismiss is GRANTED. |
| The delay claim |
Dismissed
Read by a model
Because Ms. Adiele fails to allege a plausible claim of unreasonable delay, her APA claim must be dismissed. |
| The other claims |
Dismissed
Read by a model
All claims in the Complaint are hereby DISMISSED without prejudice to re-file should any delays become unreasonable. |
| Months pending |
25.9 months from the application to the suit; 37.8 months from the application to the court's decision
Read by a model
Ms. Adiele explains that she filed a Form I-360 on July 25, 2022. |
| TRAC factors |
The court weighed the TRAC factors
For all these reasons, TRAC Factors One and Two favor dismissal. |
| The government's delay arguments |
First-in, first-out processing accepted; Line-jumping accepted
Read by a model
Her general assertion, devoid of non-conclusory facts, does not demonstrate deviation from FIFO or another rule of reason. For all these reasons, TRAC Factors One and Two favor dismissal. |
| Threshold rulings |
APA adequate-remedy bar applied (mandamus claim fails)
Read by a model
Mandamus relief is inappropriate here because Ms. Adiele “asserts the same claim under the APA.” |
How the case ended
- Docket
- No. 8:24-cv-02723
- On the docket
- This ruling (ECF 16)
- Filed
- September 20, 2024
- Ended
- September 17, 2025
- Suit's filing to its end
- 362 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.
The ruling's entry is the docket's one order or judgment entered the day of the decision. Both come from CourtListener's copy of the docket; check them there.
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.