Mandamus decisions / Middle District of Florida

Perez v. United States Citizenship and Immigration Services (USCIS)

Middle District of FloridaKathryn Kimball MizelleDecided July 23, 2026No. 8:26-cv-00392

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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 Proceeding pro se, Robert Iannucci Perez seeks an injunction requiring the United States Citizenship and Immigration Services (USCIS) to adjudicate his Form I-140 and I-290B/I-129 petitions and other equitable relief.
Form or filing	I-129 (worker petition); I-140 (immigrant worker petition); I-290B Read by a model to adjudicate his Form I-140 and I-290B/I-129 petitions and other equitable relief.
What the suit asked for	Decide the application Read by a model seeks an injunction requiring the United States Citizenship and Immigration Services (USCIS) to adjudicate his Form I-140 and I-290B/I-129 petitions and other equitable relief.
Kind of order	A ruling on a motion or the petition Read by a model The Motion to Dismiss (Doc. 46) is GRANTED.
Motion decided	Other motion to dismiss; Preliminary injunction or TRO Read by a model The Motion to Dismiss (Doc. 46) is GRANTED. The Third Amended Complaint (Doc. 40) is DISMISSED WITHOUT PREJUDICE. 3. The Third Amended Motion for a Preliminary Injunction (Doc. 41) is DENIED AS MOOT.
Whose motion	Cross-motions Read by a model Although USCIS labeled its brief as a response to Perez’s third amended motion for a preliminary injunction, the brief also moves to dismiss the third amended complaint, see MTD at 3, and I construed it as such, see (Doc. 48).
Disposition	Dismissed as moot Dismissed or denied as moot because the agency acted. Read by a model his action is plainly moot, as USCIS has already given him the relief he seeks: adjudication of the petitions.
Prevailing party	Neither side Read by a model his action is plainly moot, as USCIS has already given him the relief he seeks: adjudication of the petitions.
The delay claim	Moot: the agency acted Read by a model his action is plainly moot, as USCIS has already given him the relief he seeks: adjudication of the petitions.
The other claims	Moot: the agency acted Read by a model Adjudication also moots the remaining forms of relief requested
Months pending	Not stated at filing The agency acted before this decision, so the months up to the decision are not a delay and are not shown. Read by a model
TRAC factors	The court did not weigh the TRAC factors Read by a model
Threshold rulings	Held moot Read by a model his action is plainly moot, as USCIS has already given him the relief he seeks: adjudication of the petitions.
Nationality	Venezuela Read by a model Robert Iannucci Perez is a dual national of Venezuela and Italy

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
Perez v. United States Citizenship and Immigration Services (USCIS)	April 23, 2026	Kathryn Kimball Mizelle	Dismissed as moot
Perez v. United States Citizenship and Immigration Services (USCIS)This decisionThe case's latest decision: its outcome is the one counted	July 23, 2026	Kathryn Kimball Mizelle	Dismissed as moot

How the case ended

Docket: No. 8:26-cv-00392
Filed: February 11, 2026
Ended: July 23, 2026
Suit's filing to its end: 162 days
How it ended: Ended once the agency acted
From the record: terminated; no disposition recorded

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 Eleventh 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.

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
Kanapuram v. Director, USCIS, 131 F.4th 1302

Eleventh Circuit, March 20, 2025. Section 1252(a)(2)(B)(ii) strips district courts of jurisdiction over APA unreasonable-delay claims about pending adjustment applications where the delay is part of the discretionary adjudication process, including retrogression holds.

ImmCite: treatment available, history exists, not clearance. ImmCite has read all 2 published decisions citing this case, as of 2026-11-02; none treats it adversely. That describes those decisions; it is not a determination that the case is good law.