Passim

Mandamus decisions / Western District of Oklahoma

Montes de Oca v. Figueroa

Western District of OklahomaSuzanne MitchellDecided September 22, 2026No. 5:26-cv-01839

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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.

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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 ICE Read by a model
Petitioner, a native and citizen of Cuba, has been detained by Immigration and Customs Enforcement (ICE) since October 2025.
Form or filing I-485 (adjustment of status) Read by a model
His Petition before this Court raised a Fifth Amendment claim, a challenge to his unnecessary detention, and a challenge to the IJ’s refusal to rule on his Form I-485 application.
What the suit asked for Not recorded Read by a model
Kind of order A magistrate judge's recommendation Read by a model
REPORT AND RECOMMENDATION
Motion decided Other motion to dismiss Read by a model
the undersigned recommends the Court grant Respondents’ motion to dismiss and dismiss the Petition without prejudice as duplicative of Petitioner’s previously filed habeas action
Whose motion The government's motion Read by a model
Respondents seek dismissal without prejudice or, alternatively, a stay pending resolution of Petitioner’s first-filed petition.
Disposition Magistrate judge's recommendation A magistrate judge's report and recommendation. The district judge decides whether to adopt it, so it is not counted as either side's win. Read by a model
REPORT AND RECOMMENDATION
Prevailing party Neither side Read by a model
REPORT AND RECOMMENDATION
The delay claim Dismissed Read by a model
the undersigned recommends the Court grant Respondents’ motion to dismiss and dismiss the Petition without prejudice as duplicative of Petitioner’s previously filed habeas action
The other claims Dismissed Read by a model
the undersigned recommends the Court grant Respondents’ motion to dismiss and dismiss the Petition without prejudice as duplicative of Petitioner’s previously filed habeas action
Months pending 22.2 months from the application to the court's decision Read by a model
Petitioner’s I-485 application was filed on November 15, 2024 and is still pending.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings None Read by a model
Nationality Cuba Read by a model
Petitioner, a native and citizen of Cuba

How the case ended

Docket
No. 5:26-cv-01839
On the docket
This ruling (ECF 16)
Filed
July 20, 2026
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.

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 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 14, 2026. Check the current status before relying on one.