Mandamus decisions / Southern District of New York
Zhang v. Garland
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
Zhang complains that USCIS has failed to timely adjudicate her Application to Register Permanent Residence or Adjust Status. |
|---|---|
| Form or filing |
I-485 (adjustment of status)
Read by a model
Plaintiff Tianling Zhang (“Zhang” or “Plaintiff”) filed an Application to Register Permanent Residence or Adjust Status (“Form I-485”) on July 27, 2023. |
| What the suit asked for |
Decide the application
Read by a model
Zhang complains that USCIS has failed to timely adjudicate her Application to Register Permanent Residence or Adjust Status. |
| Kind of order |
A magistrate judge's recommendation
Read by a model
For the reasons described above, the undersigned respectfully RECOMMENDS that the Government’s motion to dismiss should be GRANTED and Plaintiff’s Complaint should be dismissed as moot. |
| Motion decided |
Motion to dismiss for lack of jurisdiction
Read by a model
Before the undersigned for a report and recommendation is a motion to dismiss under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) |
| Whose motion |
The government's motion
Read by a model
The Government filed its motion to dismiss on August 12, 2025 |
| 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
For the reasons described above, the undersigned respectfully RECOMMENDS that the Government’s motion to dismiss should be GRANTED and Plaintiff’s Complaint should be dismissed as moot. |
| Prevailing party |
Neither side
Read by a model
For the reasons described above, the undersigned respectfully RECOMMENDS that the Government’s motion to dismiss should be GRANTED and Plaintiff’s Complaint should be dismissed as moot. |
| The delay claim |
Moot: the agency acted
Read by a model
For the reasons described above, the undersigned respectfully RECOMMENDS that the Government’s motion to dismiss should be GRANTED and Plaintiff’s Complaint should be dismissed as moot. |
| Months pending |
22.4 months from the application to the suit; 26.2 months from the application to the agency's action
Read by a model
After the instant motion was fully briefed, USCIS approved Zhang’s application on October 2, 2025. |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings |
Held moot
Read by a model
Because the Government not only acted upon Zhang’s application, but approved it, this action should be dismissed as moot. |
How the case ended
This decision is not linked to a docket in the docket record yet, so how the case ended is not shown.
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.
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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