Mandamus decisions / District of Utah
Ahmad v. Noem
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
Here, Mr. Ahmad’s waiver application was denied by USCIS at the first step of this process; USCIS did not forward his application to the Department of State. |
|---|---|
| Form or filing |
I-612
Read by a model
Mr. Ahmad applied for a waiver of the two-year foreign residence requirement in August 2022 by submitting a Form I-612 to the USCIS California Service Center. |
| 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
For all these reasons, Defendants’ motion to dismiss154 is granted, and this action is dismissed without prejudice for lack of subject-matter jurisdiction. |
| Motion decided |
Motion to dismiss for lack of jurisdiction
Read by a model
Defs.’ Mot. to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(1) and Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6) |
| Whose motion |
The government's motion
Read by a model
Defendants filed a motion to dismiss the complaint for lack of jurisdiction and failure to state a claim.22 |
| Disposition |
Dismissed
The case or every delay claim was dismissed for a reason other than mootness.
Read by a model
For all these reasons, Defendants’ motion to dismiss154 is granted, and this action is dismissed without prejudice for lack of subject-matter jurisdiction. |
| Prevailing party |
Government
Read by a model
For all these reasons, Defendants’ motion to dismiss154 is granted, and this action is dismissed without prejudice for lack of subject-matter jurisdiction. |
| The other claims |
Dismissed
Read by a model
For all these reasons, Defendants’ motion to dismiss154 is granted, and this action is dismissed without prejudice for lack of subject-matter jurisdiction. |
| Months pending |
15 months from the application to the agency's action
Read by a model
USCIS denied Mr. Ahmad’s waiver application in November 2023, finding he failed to establish he would be persecuted upon return to Jordan.17 |
| 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
And where § 1252(a)(2)(B)(ii) bars review of USCIS’s denial of Mr. Ahmad’s waiver application (as explained below), Defendants’ second argument need not be addressed. |
| Nationality |
Jordan
Read by a model
Mr. Ahmad, a citizen of Jordan, entered the United States on a J-1 student visa in 2014.10 |
How the case ended
- Docket
- No. 2:24-cv-00083
- Filed
- January 30, 2024
- Ended
- March 27, 2025
- Suit's filing to its end
- 422 days
- How it ended
- Dismissed on jurisdiction or the merits
- From the record
- idb disp 3 (dismissed: lack of jurisdiction)
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 Tenth 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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Mukantagara v. Mullin, No. 24-4071 (10th Cir. Oct. 5, 2026) (on rehearing)
Tenth Circuit, October 5, 2026. Section 1252(a)(2)(B)(ii) bars review only of decisions the statute itself makes discretionary, so mandatory threshold determinations remain reviewable and discretion an agency removes by regulation does not change the analysis.
ImmCite: unchecked, treatment not confirmed yet, not evidence either way. ImmCite has found no published decision citing this case as of 2026-10-29; it checks for new citing decisions daily. That is not a determination that the case is good law.
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Forest Guardians v. Babbitt, 174 F.3d 1178
Tenth Circuit, April 22, 1999. Missing a concrete statutory deadline is agency action unlawfully withheld that a court must compel, while without a deadline the question is unreasonable delay; the holding still binds in the Tenth Circuit.
ImmCite: caution, adverse or limiting treatment found. Not followed in the Ninth Circuit by Al Otro Lado v. Noem, 138 F.4th 1102 (2025).