Mandamus decisions / Western District of North Carolina
Jatinder Cheema v. Kika Scott
Read the decisionOriginal on GovInfo
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.
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, Defendant persuasively asserts that USCIS may choose to adjudicate the Form I-751 waiver petition “with or without an interview.” |
|---|---|
| Form or filing |
I-751 (removal of conditions); N-400 (naturalization)
Read by a model
Plaintiff requests that the Court compel Defendant “to interview and issue decisions on [Plaintiff’s] Form I-751 Hardship Waiver and his N-400 Application For Naturalization.” |
| What the suit asked for |
Schedule an interview
Read by a model
Plaintiff contends that the decision not to interview him on his I-751 petition was “an arbitrary and capricious action as a matter of law and was also not in accordance with the law” and asks the Court to compel USCIS to interview him with respect to his I-751 petition. |
| Kind of order |
A magistrate judge's recommendation
Read by a model
FOR THE FOREGOING REASONS, the undersigned respectfully recommends that Defendant’s “Motion To Dismiss” (Document No. 7) be GRANTED. |
| Motion decided |
Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim
Read by a model
FOR THE FOREGOING REASONS, the undersigned respectfully recommends that Defendant’s “Motion To Dismiss” (Document No. 7) be GRANTED. |
| Whose motion |
The government's motion
Read by a model
Defendant filed a “Motion To Dismiss” (Document No. 7) on June 27, 2024. |
| 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 FOREGOING REASONS, the undersigned respectfully recommends that Defendant’s “Motion To Dismiss” (Document No. 7) be GRANTED. |
| Prevailing party |
Neither side
Read by a model
FOR THE FOREGOING REASONS, the undersigned respectfully recommends that Defendant’s “Motion To Dismiss” (Document No. 7) be GRANTED. |
| The delay claim |
Moot: the agency acted
Read by a model
The undersigned first finds Plaintiff’s request moot insofar as he seeks to compel adjudication of his N-400 naturalization application. |
| The other claims |
Dismissed
Read by a model
FOR THE FOREGOING REASONS, the undersigned respectfully recommends that Defendant’s “Motion To Dismiss” (Document No. 7) be GRANTED. |
| Months pending |
9.4 months from the application to the suit; 12.7 months from the application to the agency's action
Read by a model
Defendant asserts USCIS denied Plaintiff’s Form I-751 on May 6, 2024, without interviewing Plaintiff. |
| Months since the naturalization interview |
9.7 months from the interview (2024-06-04)
Read by a model
Defendant asserts USCIS “interviewed Plaintiff in connection with his form N-400” on June 4, 2024 |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings |
Section 1252(a)(2)(B) bar applied; Held moot
Read by a model
8 U.S.C. § 1252 prohibits judicial review thereof unless the plaintiff brings constitutional claims or questions of law. |
| Nationality |
Canada
Read by a model
Plaintiff is a citizen of Canada who currently resides in Charlotte, North Carolina. |
How the case ended
- Docket
- No. 3:24-cv-00093
- On the docket
- This ruling (ECF 10)
- Filed
- January 25, 2024
- Ended
- August 4, 2025
- Suit's filing to its end
- 557 days
- How it ended
- Ended once the agency acted
- From the record
- idb disp 6 (judgment: motion before trial), judgment for defendant
A voluntary or stipulated dismissal is how most suits end once the agency acts; the docket rarely says why. Other suits in this court.
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 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 14, 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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Gonzalez v. Cuccinelli, 985 F.3d 357
Fourth Circuit, January 14, 2021. Courts may review delay in placing U-visa petitioners on the waitlist under the TRAC factors and should not dismiss such claims at the pleading stage, but lack jurisdiction over delay in pre-waitlist work-permit requests, a point on which the Sixth Circuit disagrees.
ImmCite: caution, adverse or limiting treatment found. Rejected in the Sixth Circuit by Barrios Garcia v. U.S. Department of Homeland Security, 25 F.4th 430 (2022).
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Lovo v. Miller, 107 F.4th 199
Fourth Circuit, July 3, 2024. The 'decision or action' language of § 1182(a)(9)(B)(v), which the court treated as coextensive with § 1252(a)(2)(B)(ii), does not reach USCIS inaction, so a district court may hear a claim that USCIS unreasonably delayed a provisional unlawful-presence waiver.
ImmCite: treatment available, history exists, not clearance. ImmCite has read all 5 published decisions citing this case, as of 2026-11-07; none treats it adversely. That describes those decisions; it is not a determination that the case is good law.
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Etape v. Chertoff, 497 F.3d 379
Fourth Circuit, August 2, 2007. Filing under § 1447(b) vests exclusive jurisdiction over the naturalization application in the district court, so USCIS may not decide it unless the court remands.
ImmCite: treatment available, history exists, not clearance. ImmCite has read all 14 published decisions citing this case, as of 2026-11-13; none treats it adversely. That describes those decisions; it is not a determination that the case is good law.
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Kale v. Alfonso-Royals, 139 F.4th 329
Fourth Circuit, June 3, 2025. Section 1252(a)(2)(B)(ii), read with § 1255(a), bars review of USCIS's adjudication hold policy for adjustment applications affected by visa retrogression, joining the Third, Fifth, Eighth and Eleventh Circuits.
ImmCite: unchecked, treatment not confirmed yet, not evidence either way. ImmCite has found no published decision citing this case as of 2026-11-09; it checks for new citing decisions daily. That is not a determination that the case is good law. The citation index lists 34 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.
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Dubon v. Jaddou, 109 F.4th 307
Fourth Circuit, July 29, 2024. Whether to decide a § 1447(b) application or remand it to USCIS is within the district court's discretion, and a remand order is not an appealable collateral order.
ImmCite: treatment available, history exists, not clearance. ImmCite has read all 3 published decisions citing this case, as of 2026-10-29; none treats it adversely. That describes those decisions; it is not a determination that the case is good law.