Passim

Mandamus decisions / Eastern District of New York

Wengui v. Director of the New York Asylum Office, U.S. Citizenship and Immigration Services

Eastern District of New YorkJoseph A. MarutolloDecided September 3, 2026No. 1:26-cv-00669

Read the decisionOriginal on CourtListener

2,996 written decisions from 2,731 cases in the whole mandamus and agency-delay group, the group's newest decided November 12, 2026. Updated November 14, 2026 at 1:17 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 1,617 public decisions since January 1, 2025 that a CourtListener and GovInfo search for mandamus and agency delay finds, Passim holds 1,406 (87%), 1,039 of them in this group, measured November 14, 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 USCIS Read by a model
States Citizenship and Immigration Services (“USCIS”) in the adjudication of the asylum application made on behalf of Plaintiff and his minor son, W.J.
Form or filing I-589 (asylum) Read by a model
the asylum application made on behalf of Plaintiff and his minor son, W.J.
What the suit asked for Decide the asylum application Read by a model
States Citizenship and Immigration Services (“USCIS”) in the adjudication of the asylum application made on behalf of Plaintiff and his minor son, W.J.
Kind of order A magistrate judge's recommendation Read by a model
Any objections to this Report and Recommendation must be filed within fourteen (14) days after service of this Report and Recommendation.
Motion decided Other motion to dismiss Read by a model
the Government’s motion to dismiss for failure to prosecute under Federal Rule of Civil Procedure 41(b)
Whose motion The government's motion Read by a model
On July 10, 2026, the Government filed its motion to dismiss for failure to prosecute.
Disposition Magistrate judge's recommendation A magistrate judge's report and recommendation. The district judge decides whether to adopt it, so it is not counted as either side's win. Read by a model
Any objections to this Report and Recommendation must be filed within fourteen (14) days after service of this Report and Recommendation.
Prevailing party Neither side Read by a model
Any objections to this Report and Recommendation must be filed within fourteen (14) days after service of this Report and Recommendation.
The delay claim Dismissed Read by a model
For the foregoing reasons, the undersigned respectfully recommends that the Government’s motion to dismiss for failure to prosecute under Federal Rule of Civil Procedure 41(b) be granted and that this action be dismissed without prejudice.
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

How the case ended

Docket
No. 1:26-cv-00669
On the docket
This ruling (ECF 18)
Filed
February 3, 2026
Ended
September 30, 2026
Suit's filing to its end
239 days
How it ended
Ended, outcome not recorded
From the record
terminated; no disposition recorded

A voluntary or stipulated dismissal is how most suits end once the agency acts; the docket rarely says why.

The ruling's entry is the docket's one order or judgment entered the day of the decision. Both come from CourtListener's copy of the docket; check them there.

Supreme Court and Second 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 14, 2026. Check the current status before relying on one.