Mandamus decisions / District of Nebraska
Prada Munoz v. Director, U.S. Citizenship and Immigration Services
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
U.S. Citizenship and Immigration Services (“USCIS”) has yet to act on his petitions, so he filed this suit to “compel” the Director of USCIS to do so. |
|---|---|
| Form or filing |
I-765 (EAD); I-918 (U visa)
Read by a model
He petitioned for employment authorization while waiting for adjudication of an underlying petition for a U visa. |
| What the suit asked for |
Issue a work permit
Read by a model
He specifically asks the Court to order the USCIS “to make bona fide determinations and decisions on the pending work authorization applications within 14 days.” |
| Kind of order |
A ruling on a motion or the petition
Read by a model
The Director of United States Citizenship and Immigration Services’ Motion to Dismiss (Filing No. 10) is granted. |
| Motion decided |
Motion to dismiss for lack of jurisdiction; Summary judgment
Read by a model
Prada Munoz also moved for partial summary judgment. (Filing No. 8 at 15). In response, the Director moved to dismiss Prada Munoz’s claims. (Filing No. 10). The Director argues that the Court lacks subject matter jurisdiction over them. (Filing No. 11 at 2); see Fed. R. Civ. P. 12(b)(1). |
| Whose motion |
Cross-motions
Read by a model
Prada Munoz also moved for partial summary judgment. (Filing No. 8 at 15). In response, the Director moved to dismiss Prada Munoz’s claims. (Filing No. 10). |
| Disposition |
Dismissed
The case or every delay claim was dismissed for a reason other than mootness.
Read by a model
2. Plaintiff Sergio Mauricio Prada Munoz’s complaint (Filing No. 1) is dismissed without prejudice. |
| Prevailing party |
Government
Read by a model
1. The Director of United States Citizenship and Immigration Services’ Motion to Dismiss (Filing No. 10) is granted. |
| The delay claim |
Dismissed
Read by a model
Plaintiff Sergio Mauricio Prada Munoz’s complaint (Filing No. 1) is dismissed without prejudice. |
| Months pending |
39.4 months from the application to the court's decision
Read by a model
“they have been waiting since [October 26, 2022].” |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings |
Section 1252(a)(2)(B) bar applied
Read by a model
That means § 1252(a)(2)(B)(ii) bars the Court from reviewing “decision[s] or action[s]” regarding that program. |
| U visa claims |
Bona fide determination: dismissed under 1252(a)(2)(b); Work permit: dismissed under 1252(a)(2)(b)
Read by a model
“As in other cases, that prohibits review of certain decisions of the USCIS that affect the pace with which it issues [bona fide determinations] and [work authorization] to individuals waiting for a U-Visa adjudication.” |
| Nationality |
Colombia
Read by a model
Plaintiff Sergio Mauricio Prada Munoz is Colombian national living in Aurora, Colorado. |
How the case ended
- Docket
- No. 8:25-cv-00144
- Filed
- February 26, 2025
- Ended
- February 6, 2026
- Suit's filing to its end
- 345 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 Eighth 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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Thigulla v. Jaddou, 94 F.4th 770
Eighth Circuit, March 5, 2024. Section 1252(a)(2)(B)(ii) and § 1255(a) bar review of USCIS's decision to delay adjudicating adjustment applications under its adjudication hold policy, so the district court lacked jurisdiction.
ImmCite: treatment available, history exists, not clearance. ImmCite has read all 7 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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Eighth Circuit, December 21, 2018. The Eighth Circuit applies the TRAC factors to a petition to compel delayed agency action.
ImmCite: unchecked, treatment not confirmed yet, not evidence either way. ImmCite has not finished reviewing this published circuit decision, so it shows no signal yet. Its review began with circuit decisions in immigration cases and is being extended to the other published circuit decisions that immigration precedent relies on. Read the decisions…