Mandamus decisions / District of Nevada
Lu v. United States Citizenship and Immigration Services (USCIS)
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
This is a closed petition for writ of mandamus action brought by petitioners Jian Lu and Haiqiong Tang against respondents United States Citizenship and Immigration Services (USCIS) and the Secretary of the Department of Homeland Security Kristi Noem. |
|---|---|
| Form or filing | None named Read by a model |
| What the suit asked for | Not recorded Read by a model |
| Kind of order |
A ruling on a motion or the petition
Read by a model
IT IS HEREBY ORDERED that the petitioners’ motion for reconsideration [ECF No. 54] is DENIED. |
| Motion decided | None Read by a model |
| Whose motion |
The plaintiff's motion
Read by a model
The petitioners filed a motion to alter or amend judgment, which I construe as a motion for reconsideration. |
| Disposition |
Denied in the government'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
IT IS HEREBY ORDERED that the petitioners’ motion for reconsideration [ECF No. 54] is DENIED. |
| Prevailing party |
Government
Read by a model
IT IS HEREBY ORDERED that the petitioners’ motion for reconsideration [ECF No. 54] is DENIED. |
| The delay claim |
Dismissed
Read by a model
On December 19, 2025, I granted the respondent’s motion to dismiss the second amended petition. |
| Months pending | Not stated Read by a model |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings | None Read by a model |
Other orders in this case
The group holds 4 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 |
|---|---|---|---|
| Lu v. United States Citizenship and Immigration Services (USCIS) | September 30, 2025 | Cristina D. Silva | Dismissed |
| Lu v. United States Citizenship and Immigration Services (USCIS) | October 29, 2025 | Cristina D. Silva | Denied in the government's favor |
| Lu v. United States Citizenship and Immigration Services (USCIS) | December 19, 2025 | Cristina D. Silva | Dismissed |
| Lu v. United States Citizenship and Immigration Services (USCIS)This decisionThe case's latest decision: its outcome is the one counted | January 20, 2026 | Cristina D. Silva | Denied in the government's favor |
How the case ended
- Docket
- No. 2:25-cv-01581
- Filed
- August 25, 2025
- Ended
- December 19, 2025
- Suit's filing to its end
- 116 days
- How it ended
- Dismissed, ground not recorded
- From the record
- idb disp 14 (dismissed: other)
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 Ninth 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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Independence Mining Co. v. Babbitt, 105 F.3d 502
Ninth Circuit, January 23, 1997. Mandamus and APA § 706(1) claims to compel delayed agency action are analyzed alike under the TRAC factors.
ImmCite: treatment available, history exists, not clearance
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Vaz v. Neal, 33 F.4th 1131
Ninth Circuit, May 9, 2022. Section 706(1) compels only a clear, mandatory and discrete duty that has been unreasonably delayed under TRAC, and the APA's prerequisites go to the merits while § 1331 supplies jurisdiction.
ImmCite: unchecked, treatment not confirmed yet, not evidence either way. ImmCite has found no published decision citing this case as of 2026-11-03; it checks for new citing decisions daily. That is not a determination that the case is good law. The citation index lists 144 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.