Mandamus decisions / District of Nebraska

Elharras v. Mullin

District of NebraskaJohn Melvin GerrardDecided May 15, 2026No. 8:26-cv-00186

Read the decisionOriginal on CourtListener

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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
USCIS did not issue a decision at the interview.
Form or filing I-485 (adjustment of status) Read by a model
Specifically, Plaintiff seeks to compel Defendants to adjudicate his pending Form I-485 application for adjustment of status.
What the suit asked for Decide the application Read by a model
Specifically, Plaintiff seeks to compel Defendants to adjudicate his pending Form I-485 application for adjustment of status.
Kind of order A ruling on a motion or the petition Read by a model
This matter is dismissed without prejudice for lack of subjectmatter jurisdiction.
Motion decided None Read by a model
Whose motion The court on its own Read by a model
The Court now conducts an initial review of the Complaint to determine whether summary dismissal is appropriate under 28 U.S.C. § 1915(e)(2).
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
This matter is dismissed without prejudice for lack of subjectmatter jurisdiction.
Prevailing party Government Read by a model
This matter is dismissed without prejudice for lack of subjectmatter jurisdiction.
The delay claim Dismissed Read by a model
Based on the foregoing, the Court finds it lacks subject-matter jurisdiction over Plaintiff’s claims and will dismiss them.
Months pending 13.4 months from the application to the suit; 13.9 months from the application to the court's decision Read by a model
Plaintiff filed his Form I-485 application on March 17, 2025
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Section 1252(a)(2)(B) bar applied Read by a model
In any case, USCIS’ “decision to do one thing, at a particular pace, instead of another thing is a discretionary decision insulated from judicial review—not ‘inaction’ with respect to the lower-priority task.”

How the case ended

Docket
No. 8:26-cv-00186
Filed
April 29, 2026
Ended
May 15, 2026
Suit's filing to its end
16 days
How it ended
Dismissed on jurisdiction or the merits
From the record
idb disp 6 (judgment: motion before trial), judgment for defendant

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 Eighth 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.