Mandamus decisions / Eastern District of Virginia
Gebregziabhier v. Donis
Read the decisionOriginal on CourtListener
2,914 written decisions from 2,661 cases in the whole mandamus and agency-delay group, the group's newest decided October 30, 2026. Updated November 3, 2026 at 1:24 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 1,606 public decisions since January 1, 2025 that a CourtListener and GovInfo search for mandamus and agency delay finds, Passim holds 1,371 (85%), measured November 3, 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 asserts a claim under the Administrative Procedure Act (“APA”) for USCIS’s purported delay in adjudicating Plaintiff's asylum application. |
|---|---|
| Form or filing |
I-589 (asylum)
Read by a model
his Form I-589, Application for Asylum and for Withholding of Removal (“asylum application”) |
| What the suit asked for |
Decide the asylum application
Read by a model
On January 21, 2025, Plaintiff filed a Complaint and Petition for Writ of Mandamus seeking to compel Defendants to adjudicate his asylum application. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
For the foregoing reasons, the Court grants Defendants’ Motion for Summary Judgment. |
| Motion decided |
Summary judgment
Read by a model
For the foregoing reasons, the Court grants Defendants’ Motion for Summary Judgment. |
| Whose motion |
The government's motion
Read by a model
As stated, Defendants moved for summary judgment. |
| Disposition |
Granted in the government's favor
The principal motion was granted in full: summary judgment for either side, an injunction or TRO, a writ or order to act, fees. A motion to dismiss granted in full counts as Dismissed; a transfer is listed apart.
Read by a model
For the foregoing reasons, the Court grants Defendants’ Motion for Summary Judgment. |
| Prevailing party |
Government
Read by a model
For the foregoing reasons, the Court grants Defendants’ Motion for Summary Judgment. |
| The delay claim |
Relief denied
Read by a model
Accordingly, because five out of the six TRAC factors weigh in Defendants’ favor, the Court grants Defendants’ motion for summary judgment. |
| Months pending |
36.1 months from the application to the suit; 49.2 months from the application to the court's decision
Read by a model
On January 19, 2022, Plaintiff filed his asylum application on behalf of himself as well as his spouse and three children as dependents before USCIS. |
| TRAC factors |
The court weighed the TRAC factors
The Court finds that the combined LIFO and backlog reduction effort constitutes a “rule of reason.” |
| The government's delay arguments |
First-in, first-out processing accepted; Line-jumping accepted
Read by a model
The Court finds that the combined LIFO and backlog reduction effort constitutes a “rule of reason.” |
| Threshold rulings | None Read by a model |
| Nationality |
Ethiopia
Read by a model
Plaintiff is a native and citizen of Ethiopia |
How the case ended
- Docket
- No. 1:25-cv-00101
- Filed
- January 21, 2025
- Ended
- February 24, 2026
- Suit's filing to its end
- 399 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 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 3, 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 2026-10-29; none treats it adversely. That describes those decisions; it is not a determination that the case is good law.