Passim

Mandamus decisions / Eastern District of North Carolina

Maliki v. Blinken

Eastern District of North CarolinaTerrence W. BoyleDecided February 14, 2025No. 5:24-cv-00038

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.

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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 Department of State Read by a model
In countries where USCIS does not maintain a field office, it charges the State Department with making the travel eligibility determinations, while reserving the right to review any discrepancies in the petition.
Form or filing I-730 (refugee or asylee relative petition) Read by a model
Plaintiff filed I-730 petitions on behalf of his spouse and three of his children in May 2021.
What the suit asked for Decide the application Read by a model
Plaintiff contends that defendants have unlawfully and unreasonably delayed in deciding the petitions and that as a result plaintiff has endured profound hardship.
Kind of order A ruling on a motion or the petition Read by a model
For the foregoing reasons, defendants' motion for judgment on the pleadings [DE 11] is GRANTED IN PART and DENIED IN PART.
Motion decided Other motion to dismiss Read by a model
This cause comes before the Court on defendants ' motion for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure.
Whose motion The government's motion Read by a model
For the foregoing reasons, defendants' motion for judgment on the pleadings [DE 11] is GRANTED IN PART and DENIED IN PART.
Disposition Dismissed in part; some claims go on The government's motion to dismiss was granted in part: some claims were dismissed and others go on. Read by a model
The Court thus declines to dismiss the AP A claim at this stage, as it finds that plaintiff has plausibly alleged unreasonable delay.
Prevailing party Each side in part Read by a model
The Court thus declines to dismiss the AP A claim at this stage, as it finds that plaintiff has plausibly alleged unreasonable delay.
The delay claim The delay claim goes on Read by a model
The Court thus declines to dismiss the AP A claim at this stage, as it finds that plaintiff has plausibly alleged unreasonable delay.
Months pending 45 months from the application to the court's decision Read by a model
Plaintiff filed I-730 petitions on behalf of his spouse and three of his children in May 2021.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings None Read by a model

How the case ended

Docket
No. 5:24-cv-00038
Filed
January 22, 2024
Ended
April 18, 2025
Suit's filing to its end
452 days
How it ended
Ended once the agency acted
From the record
voluntary dismissal 2025-04-17; idb disp 12 (dismissed: voluntarily)

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 Fourth 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.