Mandamus decisions / District of Colorado
Esparza v. Noem
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
On February 19, 2025, Plaintiffs filed this lawsuit, alleging that USCIS has unreasonably delayed adjudicating the bona fides of their U visa applications and eligibility for interim benefits. |
|---|---|
| Form or filing |
I-765 (EAD); I-918 (U visa)
Read by a model
delays in the review of their I-918 petitions, issuance of bona fide determinations, placement on the U visa waitlist, and adjudication of their I-765 employment authorization document applications. |
| What the suit asked for |
Decide the application
Read by a model
The court understands Plaintiffs to be primarily seeking WLDs and BFDs, not EADs; in fact, at most, the court understands Plaintiffs to be seeking work authorization in the alternative under Count Two. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
this court respectfully ORDERS that the Motion be GRANTED IN PART and DENIED IN PART. |
| Motion decided |
Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim
Read by a model
This matter comes before the court on Defendants Kristi Noem, Kika Scott, Pam Bondi, and U.S. Citizenship and Immigration Services (“USCIS”) (collectively, “Defendants”)’s Motion to Dismiss. |
| Whose motion |
The government's motion
Read by a model
Defendants Kristi Noem, Kika Scott, Pam Bondi, and U.S. Citizenship and Immigration Services (“USCIS”) (collectively, “Defendants”)’s Motion to Dismiss. |
| Disposition |
Dismissed in part; some claims go on
The government's motion to dismiss was granted in part: some claims were dismissed and others go on.
Read by a model
Accordingly, the court would conclude based on conducting a TRAC analysis that Plaintiffs’ claims should proceed. |
| Prevailing party |
Each side in part
Read by a model
Accordingly, the court would conclude based on conducting a TRAC analysis that Plaintiffs’ claims should proceed. |
| The delay claim |
The delay claim goes on
Read by a model
Accordingly, the court would conclude based on conducting a TRAC analysis that Plaintiffs’ claims should proceed. |
| Months pending |
62.6 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
Plaintiffs are various aliens who applied for U visas with USCIS between December 2, 2019, and August 28, 2024. |
| TRAC factors |
The court weighed the TRAC factors
|
| Threshold rulings |
Section 1252(a)(2)(B) bar applied; Section 1252(a)(2)(B) bar rejected; Held moot; Mootness argument rejected; APA adequate-remedy bar applied (mandamus claim fails)
Read by a model
To the extent Plaintiffs ask this court to compel adjudication of their employment authorization requests or EADs, therefore, that request is dismissed without prejudice due to lack of jurisdiction. |
| U visa claims |
Bona fide determination: goes on; Work permit: dismissed under 1252(a)(2)(b); Waiting list: goes on
Read by a model
Accordingly, the court would conclude based on conducting a TRAC analysis that Plaintiffs’ claims should proceed. |
How the case ended
- Docket
- No. 1:25-cv-00555
- Filed
- February 19, 2025
- Status
- Pending as of the last docket check
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 Tenth 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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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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Mukantagara v. Mullin, No. 24-4071 (10th Cir. Oct. 5, 2026) (on rehearing)
Tenth Circuit, October 5, 2026. Section 1252(a)(2)(B)(ii) bars review only of decisions the statute itself makes discretionary, so mandatory threshold determinations remain reviewable and discretion an agency removes by regulation does not change the analysis.
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.
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Forest Guardians v. Babbitt, 174 F.3d 1178
Tenth Circuit, April 22, 1999. Missing a concrete statutory deadline is agency action unlawfully withheld that a court must compel, while without a deadline the question is unreasonable delay; the holding still binds in the Tenth Circuit.
ImmCite: caution, adverse or limiting treatment found. Not followed in the Ninth Circuit by Al Otro Lado v. Noem, 138 F.4th 1102 (2025).