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Mandamus decisions / Northern District of Illinois

Silva Gonzalez v. Edlow

Northern District of IllinoisVirginia M. KendallDecided October 22, 2026No. 1:26-cv-04596

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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 USCIS Read by a model
Almost identically to Lobatos, Silva Gonzalez asks the Court to compel USCIS to adjudicate his U Visa Petition, or, alternatively, to place him on the visa waiting list.
Form or filing I-765 (EAD); I-918 (U visa) Read by a model
On July 16, 2025, Silva Gonzalez filed a Form I-918 U Visa petition and a Form I-765 petition for work authorization with USCIS.
What the suit asked for Decide the application Read by a model
Silva Gonzalez seeks to compel DHS to adjudicate his U Visa Petition or, alternatively, to place him on the waiting list.
Kind of order A ruling on a motion or the petition Read by a model
For the foregoing reasons, the Court GRANTS Defendant’s motion to dismiss. [6].
Motion decided Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim; Other motion to dismiss Read by a model
(1) lack of subject matter jurisdiction under Rule 12(b)(1); (2) improper venue under Rule 12(b)(3); and (3) failure to state a claim as to Plaintiff’s plea for a writ of mandamus under 28 U.S.C. § 1361, and Plaintiff’s APA claim under Rule 12(b)(6).
Whose motion The government's motion Read by a model
Defendants move to dismiss, arguing that the Court lacks subject matter jurisdiction, that venue is improper, and that Plaintiff fails to state a claim warranting a writ of mandamus.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
For the foregoing reasons, the Court GRANTS Defendant’s motion to dismiss. [6].
Prevailing party Government Read by a model
For the foregoing reasons, the Court GRANTS Defendant’s motion to dismiss. [6].
The delay claim Dismissed Read by a model
For the foregoing reasons, the Court GRANTS Defendant’s motion to dismiss. [6].
Months pending 15.2 months from the application to the court's decision Read by a model
On July 16, 2025, Silva Gonzalez filed a Form I-918 U Visa petition and a Form I-765 petition for work authorization with USCIS.
TRAC factors The court did not weigh the TRAC factors Read by a model
The government's delay arguments Line-jumping accepted Read by a model
if the Court were to expedite Silva Gonzalez’s petition, it would necessarily bump other petitions in line for adjudication. This is fundamentally unfair;
Threshold rulings Section 1252(a)(2)(B) bar applied Read by a model
Because courts lack jurisdiction to review USCIS’s discretionary determinations, the Court lacks subject matter jurisdiction to consider Silva Gonzalez’s APA-based pleas.
U visa claims Final decision: dismissed under 1252(a)(2)(b); Work permit: dismissed under 1252(a)(2)(b); Waiting list: dismissed under 1252(a)(2)(b) Read by a model
Because courts lack jurisdiction to review USCIS’s discretionary determinations, the Court lacks subject matter jurisdiction to consider Silva Gonzalez’s APA-based pleas.
Nationality Venezuela Read by a model
Plaintiff Juan Raul Silva Gonzalez is a Venezuelan national who lived in the United States for nearly twenty-five years.

How the case ended

Docket
No. 1:26-cv-04596
Filed
April 23, 2026
Ended
October 28, 2026
Suit's filing to its end
188 days
How it ended
Dismissed on jurisdiction or the merits
From the record
order 2026-10-22 for the defendants, ground not stated

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 Seventh 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.