Mandamus decisions / District of New Jersey
GONZALEZ MERINO v. BENZEL
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
This Court has no authority pursuant to § 2241 to compel USCIS to decide the I- 290B request because the I-290B request does not concern the fact or duration of Petitioner’s detention. |
|---|---|
| Form or filing |
I-290B
Read by a model
Petitioner argues that USCIS violated the Administrative Procedure Act and her due process rights when it “unreasonably delayed” resolution of her I-290B request seeking reconsideration of the denial of her Form I-485. |
| What the suit asked for |
Some other action
Read by a model
This Court has no authority pursuant to § 2241 to compel USCIS to decide the I- 290B request because the I-290B request does not concern the fact or duration of Petitioner’s detention. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
This Court will dismiss the Second Petition for lack of jurisdiction. The motion for an order to show cause will be denied. |
| Motion decided | None Read by a model |
| Whose motion |
The plaintiff's motion
Read by a model
Presently before this Court is the second petition for writ of habeas corpus under 28 U.S.C. § 2241 (“Second Petition”) by Petitioner Celiflora Gonzalez Merino |
| Disposition |
Dismissed
The case or every delay claim was dismissed for a reason other than mootness.
Read by a model
This Court will dismiss the Second Petition for lack of jurisdiction. |
| Prevailing party |
Government
Read by a model
This Court will dismiss the Second Petition for lack of jurisdiction. |
| The delay claim |
Dismissed
Read by a model
This Court will dismiss the Second Petition for lack of jurisdiction. |
| The other claims |
Dismissed
Read by a model
This Court also lacks jurisdiction to stay Petitioner’s removal. |
| Months pending | Not stated Read by a model |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings | None Read by a model |
| Nationality |
Mexico
Read by a model
Petitioner is a citizen of Mexico who has lived in the United States since 1994. |
How the case ended
- Docket
- No. 2:26-cv-10931
- Filed
- August 25, 2026
- Ended
- September 16, 2026
- Suit's filing to its end
- 22 days
- How it ended
- Ended, outcome not recorded
- From the record
- terminated; no disposition recorded
A voluntary or stipulated dismissal is how most suits end once the agency acts; the docket rarely says why.
Supreme Court and Third 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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Oil, Chemical & Atomic Workers Union v. OSHA, 145 F.3d 120
Third Circuit, March 16, 1998. The Third Circuit weighs the TRAC factors in deciding whether to compel agency action that has been unreasonably delayed.
ImmCite: treatment available, history exists, not clearance. ImmCite has read the one published decision citing this case, as of 2026-11-03; it does not treat the case adversely. That describes that decision; it is not a determination that the case is good law.
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Geda v. Director, USCIS, 126 F.4th 835
Third Circuit, January 23, 2025. Section 1255(a) commits both the adjustment decision and the process and pace for reaching it to the Secretary's discretion, so § 1252(a)(2)(B)(ii) strips district courts of jurisdiction over challenges to USCIS's adjudication hold policy and § 1252(a)(2)(D) does not restore it.
ImmCite: treatment available, history exists, not clearance