Mandamus decisions / Eastern District of Louisiana
Hawkins v. United States Citizenship and Immigration Services
Read the decisionOriginal on CourtListener
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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
The Complaint alleges that to date, the USCIS has refused to adjudicate the Form I-130 or Form I-485 (collectively, the “Petitions”). |
|---|---|
| Form or filing |
I-130 (relative petition); I-485 (adjustment of status)
Read by a model
pending Petition of Alien Relative (“Form I-130”)2 and Application to Register Permanent Residence or Adjust Status (“Form I-485”).3 |
| What the suit asked for |
Decide the application
Read by a model
Plaintiffs request that the Court order the USCIS to adjudicate the Petitions within a reasonable amount of time, and grant attorney’s fees, court costs, and expenses to Plaintiffs. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
IT IS HEREBY ORDERED that the USCIS’s Motion to Dismiss102 is GRANTED. |
| Motion decided |
Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim
Read by a model
In the instant motion, the USCIS moves the Court to dismiss Plaintiffs’ claims because it alleges that this Court lacks subject matter jurisdiction over this case and Plaintiffs fail to state a claim for which relief can be granted. |
| Whose motion |
The government's motion
Read by a model
Before the Court is Defendant the United States Citizenship and Immigration Services’ (the “USCIS”) Motion to Dismiss. |
| Disposition |
Dismissed
The case or every delay claim was dismissed for a reason other than mootness.
Read by a model
Plaintiffs’ claims are DISMISSED WITHOUT PREJUDICE for lack of jurisdiction. |
| Prevailing party |
Government
Read by a model
Plaintiffs’ claims are DISMISSED WITHOUT PREJUDICE for lack of jurisdiction. |
| The delay claim |
Dismissed
Read by a model
Plaintiffs’ claims are DISMISSED WITHOUT PREJUDICE for lack of jurisdiction. |
| The other claims |
Dismissed
Read by a model
Therefore, this Court lacks subject matter jurisdiction over all of Plaintiffs’ claims and dismisses this matter without prejudice. |
| Months pending |
14.1 months from the application to the suit; 25.3 months from the application to the court's decision
Read by a model
On June 10, 2024, Hawkins filed a Form I-130 with the USCIS.8 On that same day, Diab filed a Form I-485 with the USCIS. |
| 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
Thus, this Court lacks subject matter jurisdiction to review Plaintiffs’ claims under the APA, because the INA bars judicial review. |
| I-130 category |
Immediate relative
Read by a model
According to the Complaint, on March 24, 2017, Hawkins, who is a United States citizen, married “her immigrant spouse,” Diab. |
How the case ended
- Docket
- No. 2:25-cv-01665
- Filed
- August 13, 2025
- Ended
- July 23, 2026
- Suit's filing to its end
- 245 days
- How it ended
- Dismissed on jurisdiction or the merits
- From the record
- order 2026-07-21 dismisses for want of jurisdiction
A voluntary or stipulated dismissal is how most suits end once the agency acts; the docket rarely says why.
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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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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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.