Mandamus decisions / Eastern District of New York
Chang v. United States Citizenship and Immigration Services
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
The second TRAC factor—whether “Congress has provided a timetable” for the agency to act—similarly does not support finding USCIS’s delay unreasonable. |
|---|---|
| Form or filing |
I-589 (asylum)
Read by a model
On February 24, 2022, Chang submitted an Application for Asylum and Withholding of Removal, known as a Form I-589 (“I-589”), with USCIS for herself and Wang, and received a notice of receipt. |
| What the suit asked for |
Decide the asylum application
Read by a model
Chang filed suit in the Eastern District of New York on March 18, 2025, seeking to compel Defendants to adjudicate her asylum application. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
the Court grants Defendants’ request to dismiss Plaintiffs’ Complaint pursuant to Rule 12(b) |
| Motion decided |
Motion to dismiss for failure to state a claim
Read by a model
For the reasons stated above, the Court grants Defendants’ request to dismiss Plaintiffs’ Complaint pursuant to Rule 12(b), which the Court has construed as a motion to dismiss for failure to state a claim pursuant to Rule 12(b)(6). |
| Whose motion |
The government's motion
Read by a model
On June 26, 2025, Defendants moved to dismiss pursuant to Rule 12(b). |
| Disposition |
Dismissed
The case or every delay claim was dismissed for a reason other than mootness.
Read by a model
For the reasons set forth herein, the Court dismisses Plaintiffs’ Complaint without prejudice. |
| Prevailing party |
Government
Read by a model
For the reasons set forth herein, the Court dismisses Plaintiffs’ Complaint without prejudice. |
| The delay claim |
Dismissed
Read by a model
The Court therefore dismisses Chang’s Complaint without prejudice |
| Months pending |
36.7 months from the application to the suit; 48.4 months from the application to the court's decision
Read by a model
On February 24, 2022, Chang submitted an Application for Asylum and Withholding of Removal, known as a Form I-589 (“I-589”), with USCIS for herself and Wang, and received a notice of receipt. |
| TRAC factors |
The court weighed the TRAC factors
The first, “most important” TRAC factor—whether a rule of reason governs the time it takes the agency to make the decision at issue—weighs in favor of Defendants. |
| The government's delay arguments |
First-in, first-out processing accepted; Line-jumping accepted
Read by a model
The Court finds the LIFO approach to be a rule of reason. |
| Threshold rulings |
APA adequate-remedy bar applied (mandamus claim fails)
Read by a model
The ability to bring a cause of action under the APA—even where, as here, Chang has failed to adequately plead that alternative remedy—means that Chang has an adequate alternative remedy, and therefore cannot state a mandamus claim. |
How the case ended
- Docket
- No. 2:25-cv-01504
- Filed
- March 18, 2025
- Ended
- March 13, 2026
- Suit's filing to its end
- 360 days
- How it ended
- Dismissed on jurisdiction or the merits
- From the record
- idb disp 17 (judgment: other), judgment for defendant
A voluntary or stipulated dismissal is how most suits end once the agency acts; the docket rarely says why.
Supreme Court and Second 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