Mandamus decisions / District of Massachusetts
Oliveira v. Edlow
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
Plaintiffs ask this Court to “compel Defendants USCIS and the BIA” to issue a bona fide determination on Plaintiffs’ U visa application and to adjudicate Plaintiffs’ motion to reopen, respectively. |
|---|---|
| Form or filing |
I-918 (U visa)
Read by a model
Plaintiffs ask this Court to “compel Defendants USCIS and the BIA” to issue a bona fide determination on Plaintiffs’ U visa application and to adjudicate Plaintiffs’ motion to reopen, respectively. |
| What the suit asked for |
Decide the application
Read by a model
Plaintiffs ask this Court to “compel Defendants USCIS and the BIA” to issue a bona fide determination on Plaintiffs’ U visa application and to adjudicate Plaintiffs’ motion to reopen, respectively. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
For the foregoing reasons, Defendants’ motion to dismiss is GRANTED as to Counts II–IV and DENIED as to Count I. |
| Motion decided |
Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim
Read by a model
On February 4, 2026, Defendants moved to dismiss for lack of jurisdiction and failure to state a claim. |
| Whose motion |
The government's motion
Read by a model
Before the Court is Defendants’ motion to dismiss. |
| Disposition |
Dismissed in part; some claims go on
The government's motion to dismiss was granted in part: some claims were dismissed and others go on.
Read by a model
Thus, Defendants’ motion to dismiss is granted as to Count IV. |
| Prevailing party |
Each side in part
Read by a model
Thus, Defendants’ motion to dismiss is granted as to Count IV. |
| The delay claim |
Dismissed
Read by a model
Thus, Defendants’ motion to dismiss is granted as to Count IV. |
| The other claims |
Some dismissed, some go on
Read by a model
For the foregoing reasons, Defendants’ motion to dismiss is GRANTED as to Counts II–IV and DENIED as to Count I. |
| Months pending |
18 months from the application to the court's decision
Read by a model
The 18-month delay Plaintiffs are faced with is not egregious enough to warrant such relief. |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings |
APA adequate-remedy bar applied (mandamus claim fails)
Read by a model
As a result, mandamus relief is unavailable to Plaintiffs and this Court lacks subject-matter jurisdiction over this claim. |
| U visa claims |
Bona fide determination: dismissed; Other U visa claim: dismissed; Other U visa claim: goes on
Read by a model
Thus, Defendants’ motion to dismiss is granted as to Count IV. |
Other orders in this case
The group holds 2 decisions from this suit, oldest first. Outcome counts on these pages count the case once, by its latest decision, this one. How decisions are grouped into cases.
| Decision | Decided | Judge | Disposition |
|---|---|---|---|
| Oliveira v. Edlow | December 4, 2025 | Brian E. Murphy | Granted in the applicant's favor |
| Oliveira v. EdlowThis decisionThe case's latest decision: its outcome is the one counted | September 25, 2026 | Brian E. Murphy | Dismissed in part; some claims go on |
How the case ended
- Docket
- No. 1:25-cv-13228
- Filed
- October 31, 2025
- 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. 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).