Mandamus decisions / Northern District of Texas
Zevallos et al v. Noem et al
Read the decisionOriginal on GovInfo
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
“Because [the husband] is in removal proceedings, USCIS lacks jurisdiction to adjudicate the Form I-485 and the Court lacks jurisdiction to compel adjudication.” |
|---|---|
| Form or filing |
I-485 (adjustment of status)
Read by a model
the husband’s pending Form I-485 application to register permanent residence or adjust status |
| What the suit asked for |
Decide the application
Read by a model
USCIS”) “continued failure to adjudicate the application is prolonging his detention and family separation.” |
| Kind of order |
A magistrate judge's recommendation
Read by a model
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE |
| Motion decided |
Motion to dismiss for lack of jurisdiction
Read by a model
Defendants move to dismiss the lawsuit under Federal Rule of Civil Procedure 12(b)(1) for lack of subject matter jurisdiction |
| Whose motion |
The government's motion
Read by a model
Defendants move to dismiss the lawsuit under Federal Rule of Civil Procedure 12(b)(1) for lack of subject matter jurisdiction |
| 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
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE |
| Prevailing party |
Neither side
Read by a model
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE |
| The delay claim |
Dismissed
Read by a model
The Court should (1) grant Defendants’ motion [Dkt. No. 17] and dismiss - 4 without prejudice Plaintiffs’ claims under the APA and for mandamus and declaratory relief under Federal Rule of Civil Procedure 12(b)(1) for lack of subject matter jurisdiction, |
| The other claims |
Dismissed
Read by a model
(2) dismiss Plaintiffs’ Due Process Claim with prejudice on its own motion under Federal Rule of Civil Procedure 12(b)(6), and (3) relinquish jurisdiction over and therefore dismiss without prejudice all remaining claims under 28 U.S.C. § 1367(c). |
| Months pending | Not stated Read by a model |
| 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, so, Plaintiffs “APA and Mandamus [and Declaratory Judgment] Act claims must be dismissed without prejudice for lack of subject-matter jurisdiction.” |
Other orders in this case
The group holds 2 decisions from this suit, oldest first. Outcome counts on these pages count the case once, by its latest decision. How decisions are grouped into cases.
| Decision | Decided | Judge | Disposition |
|---|---|---|---|
| Zevallos et al v. Noem et alThis decision | September 23, 2026 | David L. Horan | Magistrate judge's recommendation |
| Zevallos v. NoemThe case's latest decision: its outcome is the one counted | October 14, 2026 | Brantley Starr | Dismissed |
How the case ended
- Docket
- No. 3:26-cv-00839
- Filed
- March 16, 2026
- Ended
- October 14, 2026
- Suit's filing to its end
- 212 days
- How it ended
- Dismissed on jurisdiction or the merits
- From the record
- order 2026-10-14 dismisses for want 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 Fifth 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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Cheejati v. Blinken, 106 F.4th 388
Fifth Circuit, July 5, 2024. The pace at which USCIS adjudicates adjustment applications during visa retrogression is a discretionary action under § 1255(a) that § 1252(a)(2)(B)(ii) shields from review, agreeing with the Eighth Circuit's Thigulla.
ImmCite: treatment available, history exists, not clearance
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Mendoza-Tarango v. Flores, 982 F.3d 395
Fifth Circuit, December 8, 2020. A § 706(1) or mandamus claim requires a discrete, legally required action, and USCIS had no nondiscretionary duty to administer the naturalization oath at a prison.
ImmCite: unchecked, treatment not confirmed yet, not evidence either way. ImmCite has found no published decision citing this case as of 2026-11-01; it checks for new citing decisions daily. That is not a determination that the case is good law. The citation index lists 7 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.