Mandamus decisions / District of Nebraska
Patel v. Director, U.S. 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
Frustrated with U.S. Citizenship and Immigration Services' (USCIS) delay in deciding those petitions, the plaintiff is asking this Court for an order directing USCIS to make a decision. |
|---|---|
| Form or filing |
I-765 (EAD); I-918 (U visa)
Read by a model
The plaintiff is a foreign national who's petitioned for employment authorization while waiting for adjudication of an underlying petition for a U visa. |
| What the suit asked for |
Issue a work permit
Read by a model
asks the Court to order USCIS to make a decision on the work authorization application within 14 days |
| Kind of order |
A ruling on a motion or the petition
Read by a model
The defendant's motion to dismiss (filing 5) is granted. |
| Motion decided |
Motion to dismiss for lack of jurisdiction
Read by a model
USCIS moves to dismiss the complaint for lack of jurisdiction. |
| Whose motion |
The government's motion
Read by a model
USCIS moves to dismiss the complaint for lack of jurisdiction. |
| Disposition |
Dismissed
The case or every delay claim was dismissed for a reason other than mootness.
Read by a model
The plaintiff's complaint is dismissed. |
| Prevailing party |
Government
Read by a model
The defendant's motion to dismiss (filing 5) is granted. |
| The delay claim |
Dismissed
Read by a model
The plaintiff's complaint is dismissed. |
| Months pending | Not stated Read by a model |
| 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
As such, judicial review of the plaintiff's claim is barred by § 1252(a)(2)(B)(ii). |
| U visa claims |
Bona fide determination: dismissed under 1252(a)(2)(b)
Read by a model
As such, judicial review of the plaintiff's claim is barred by § 1252(a)(2)(B)(ii). |
How the case ended
- Docket
- No. 8:25-cv-00057
- Filed
- February 10, 2025
- Ended
- April 23, 2025
- Suit's filing to its end
- 72 days
- How it ended
- Dismissed on jurisdiction or the merits
- From the record
- idb disp 3 (dismissed: lack of jurisdiction)
A voluntary or stipulated dismissal is how most suits end once the agency acts; the docket rarely says why.
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.
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Kucana v. Holder, 558 U.S. 233
Supreme Court, January 20, 2010. Section 1252(a)(2)(B)(ii) bars review only of decisions whose discretionary character is specified by statute, not discretion the agency gives itself by regulation.
ImmCite: treatment available, history exists, not clearance
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Patel v. Garland, 596 U.S. 328
Supreme Court, May 16, 2022. Section 1252(a)(2)(B)(i) bars review of any judgment regarding the granting of the listed forms of relief, including the factual findings on which a denial of adjustment rests.
ImmCite: treatment available, history exists, not clearance
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Bouarfa v. Mayorkas, 604 U.S. 6
Supreme Court, December 10, 2024. Revoking an approved visa petition under § 1155 is a discretionary decision or action that § 1252(a)(2)(B)(ii) places beyond judicial review.
ImmCite: treatment available, history exists, not clearance
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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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Thigulla v. Jaddou, 94 F.4th 770
Eighth Circuit, March 5, 2024. Section 1252(a)(2)(B)(ii) and § 1255(a) bar review of USCIS's decision to delay adjudicating adjustment applications under its adjudication hold policy, so the district court lacked jurisdiction.
ImmCite: treatment available, history exists, not clearance
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Eighth Circuit, December 21, 2018. The Eighth Circuit applies the TRAC factors to a petition to compel delayed agency action.
ImmCite: unchecked, treatment not confirmed yet, not evidence either way. ImmCite has not finished reviewing this published circuit decision, so it shows no signal yet. Its review began with circuit decisions in immigration cases and is being extended to the other published circuit decisions that immigration precedent relies on. Read the decisions…