Mandamus decisions / Southern District of Texas
Moreno Rivera 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
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| Agency |
USCIS
Read by a model
Ultimately, USCIS denied Plaintiffs application. |
|---|---|
| Form or filing |
I-589 (asylum)
Read by a model
On February 22, 2019, Plaintiff filed a Form I-589 application for asylum. |
| What the suit asked for |
Decide the asylum application
Read by a model
The Court further ORDERS that Plaintiffs claims against all Defendants seeking adjudication of her asylum application are hereby DISMISSED AS MOOT. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
the Court hereby ORDERS that Defendants' Motion to Dismiss (Document No. 8) 1s GRANTED. |
| Motion decided |
Motion to dismiss for lack of jurisdiction
Read by a model
As such, the Court finds that it lacks subject matter jurisdiction to review the agency's decision, and thus, that Defendants' motion should be granted. |
| Whose motion |
The government's motion
Read by a model
Pending before the Court is Defendants' Motion to Dismiss (Document No. 8). |
| Disposition |
Dismissed
The case or every delay claim was dismissed for a reason other than mootness.
Read by a model
Plaintiffs claims against all Defendants seeking adjudication of her asylum application are hereby DISMISSED AS MOOT. |
| Prevailing party |
Government
Read by a model
Plaintiffs claims against all Defendants seeking adjudication of her asylum application are hereby DISMISSED AS MOOT. |
| The delay claim |
Moot: the agency acted
Read by a model
Plaintiffs claims against all Defendants seeking adjudication of her asylum application are hereby DISMISSED AS MOOT. |
| The other claims |
Dismissed
Read by a model
Plaintiffs APA claims regarding the merits of the agency's decision are hereby DISMISSED WITHOUT PREJUDICE. |
| Months pending |
87.6 months from the application to the suit; 79.2 months from the application to the agency's action
Read by a model
However, on September 30, 2025, USCIS "adjudicated and denied Plaintiffs asylum application." |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings |
Held moot; Mootness argument rejected
Read by a model
the Court finds that Plaintiffs claim and requested relief for adjudication presents no live controversy, . and thus, is moot |
| Nationality |
Venezuela
Read by a model
Plaintiff Mary Fe Moreno Rivera ("Plaintiff') is a citizen ofVenezuela. |
How the case ended
- Docket
- No. 4:26-cv-04576
- Filed
- June 10, 2026
- Ended
- October 22, 2026
- Suit's filing to its end
- 134 days
- How it ended
- Ended once the agency acted
- From the record
- decided 2026-10-22 says the agency acted (moot)
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 Fifth 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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Cheejati v. Blinken, 106 F.4th 388
Fifth Circuit, July 5, 2024. The pace at which USCIS adjudicates adjustment applications during visa retrogression is a discretionary action under § 1255(a) that § 1252(a)(2)(B)(ii) shields from review, agreeing with the Eighth Circuit's Thigulla.
ImmCite: treatment available, history exists, not clearance
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Mendoza-Tarango v. Flores, 982 F.3d 395
Fifth Circuit, December 8, 2020. A § 706(1) or mandamus claim requires a discrete, legally required action, and USCIS had no nondiscretionary duty to administer the naturalization oath at a prison.
ImmCite: unchecked, treatment not confirmed yet, not evidence either way. ImmCite has found no published decision citing this case as of 2026-11-01; it checks for new citing decisions daily. That is not a determination that the case is good law. The citation index lists 7 other decisions citing it, none a Supreme Court, BIA or Attorney General precedent or a published circuit opinion; ImmCite's status does not review them.