Mandamus decisions / District of Massachusetts
Mir v. U.S. Department of Homeland Security
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 |
ICE
Read by a model
Mr. Mir’s counsel has sought assistance from Immigration and Customs Enforcement’s (“ICE”) Enforcement and Removal Operations (“ERO”) division, to no avail. |
|---|---|
| Form or filing |
DS-260 (immigrant visa); I-90 (green card renewal)
Read by a model
Mr. Mir has applied for a replacement permanent resident card and a returning resident SB-1 visa |
| What the suit asked for |
Some other action
Read by a model
both claims hinge on the same question: whether Defendants have a non-discretionary duty to facilitate Mr. Mir’s physical return to the United States. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
For the foregoing reasons, the Defendant’s Motion to Dismiss is ALLOWED, all claims are dismissed, and the Plaintiff’s Request for Injunctive Relief is DENIED. |
| Motion decided |
Motion to dismiss for failure to state a claim; Preliminary injunction or TRO
Read by a model
Before the Court is Defendants’ Motion to Dismiss (Docket No. 9) (the “Motion”) and Mr. Mir’s Request for Injunctive Relief (Docket No. 14 at 15–16) (the “Request for Injunctive Relief”) which Mr. Mir raised in his opposition to the Motion. |
| Whose motion |
Cross-motions
Read by a model
Before the Court is Defendants’ Motion to Dismiss (Docket No. 9) (the “Motion”) and Mr. Mir’s Request for Injunctive Relief (Docket No. 14 at 15–16) |
| 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 Defendant’s Motion to Dismiss is ALLOWED, all claims are dismissed, and the Plaintiff’s Request for Injunctive Relief is DENIED. |
| Prevailing party |
Government
Read by a model
For the foregoing reasons, the Defendant’s Motion to Dismiss is ALLOWED, all claims are dismissed, and the Plaintiff’s Request for Injunctive Relief is DENIED. |
| The delay claim |
Dismissed
Read by a model
The Complaint has not plausibly alleged a legal source for such a duty, so both Count I and Count II will be dismissed. |
| The other claims |
Dismissed
Read by a model
For the foregoing reasons, the Defendant’s Motion to Dismiss is ALLOWED, all claims are dismissed, and the Plaintiff’s Request for Injunctive Relief is DENIED. |
| Months pending |
24 months from the application to the court's decision
Read by a model
Moreover, Mr. Mir has been trying to return to the United States since his immigration proceedings were terminated two years ago. |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings | None Read by a model |
How the case ended
- Docket
- No. 1:26-cv-10915
- Filed
- February 18, 2026
- Ended
- October 16, 2026
- Suit's filing to its end
- 240 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. Other suits in this court.
Supreme Court and First 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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Towns of Wellesley, Concord & Norwood v. FERC, 829 F.2d 275
First Circuit, September 25, 1987. The First Circuit applies the TRAC factors when asked to compel agency action that has been unreasonably delayed.
ImmCite: treatment available, history exists, not clearance
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Patel v. Jaddou, 118 F.4th 475
First Circuit, October 16, 2024. Assuming statutory jurisdiction, § 1255(a) does not forbid USCIS from holding adjustment applications until a visa number is immediately available, so no § 706(1) claim lies against the abeyance policy; the Fourth Circuit rejects deciding the merits before the § 1252(a)(2)(B) question.
ImmCite: caution, adverse or limiting treatment found. Reasoning rejected in the Fourth Circuit by Lolakshi Kale v. Angelica Alfonso-Royals, 139 F.4th 329 (2025).