Mandamus decisions / Southern District of Florida
Perez Velazco v. Secretary, U.S. Department of Homeland Security (DHS)
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 |
DHS
Read by a model
Furthermore, Defendants argue that § 1252(a)(2)(B)(ii) bars judicial review of “DHS’s discretionary decision and action to parole an[] alien under § 1182(d)(5)(A).” |
|---|---|
| Form or filing | None named Read by a model |
| What the suit asked for |
Some other action
Read by a model
compelling Defendants to grant Plaintiff humanitarian parole (Count I) |
| Kind of order |
A ruling on a motion or the petition
Read by a model
Defendants’ Motion to Dismiss, ECF No. [7], is DENIED. |
| Motion decided |
Motion to dismiss for lack of jurisdiction
Read by a model
On April 20, 2026, Defendants filed the instant Motion, arguing that the Complaint should be dismissed pursuant to Federal Rule of Civil Procedure 12(b)(1), as the Court lacks jurisdiction over Plaintiff’s claims. |
| Whose motion |
The government's motion
Read by a model
Defendants’ Motion to Dismiss Complaint for Mandamus, APA Judicial Review, and Declaratory Relief |
| Disposition |
Denied in the applicant's favor
The principal motion was denied in full: a motion to dismiss denied so the case goes on, or relief denied on the merits.
Read by a model
Defendants’ Motion to Dismiss, ECF No. [7], is DENIED. |
| Prevailing party |
Applicant
Read by a model
Defendants’ Motion to Dismiss, ECF No. [7], is DENIED. |
| The delay claim |
The delay claim goes on
Read by a model
Defendants’ Motion to Dismiss, ECF No. [7], is DENIED. |
| The other claims |
The delay claim goes on
Read by a model
the Court is satisfied that the case should be permitted to proceed. |
| 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; Section 1252(a)(2)(B) bar rejected
Read by a model
Second, and relatedly, if there is a return to that status quo ante position, the Court lacks jurisdiction to order the Government to issue humanitarian parole. That is plainly barred by § 1252(a)(2)(B)(ii) and the Eleventh Circuit’s ruling in Alonso-Escobar. |
| Nationality |
Cuba
Read by a model
Plaintiff is a native and citizen of Cuba. |
How the case ended
- Docket
- No. 1:26-cv-22026
- Filed
- March 25, 2026
- Status
- Pending as of the last docket check
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.
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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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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.