Passim

Mandamus decisions / Southern District of Texas

Abrue Puentes v. Giron Hernandez

Southern District of TexasYvonne Y HoDecided October 9, 2026No. 4:26-cv-03591

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.

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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
Under Fifth Circuit law, USCIS’s discretion to determine whether to grant or deny adjustment of status under the CAA includes the discretion to determine when to resolve it.
Form or filing I-485 (adjustment of status); I-765 (EAD) Read by a model
petitions for adjustment of status, Form I-485, with USCIS
What the suit asked for Decide the application Read by a model
Plaintiffs argue that the APA imposes a nondiscretionary duty on USCIS to resolve Plaintiffs petitions within a reasonable time.
Kind of order A magistrate judge's recommendation Read by a model
MEMORANDUM AND RECOMMENDATION
Motion decided Motion to dismiss for lack of jurisdiction Read by a model
Accordingly, this Court should grant the Government’s motion to dismiss and dismiss all claims for lack of jurisdiction.
Whose motion The government's motion Read by a model
Accordingly, this Court should grant the Government’s motion to dismiss and dismiss all claims for lack of 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
MEMORANDUM AND RECOMMENDATION
Prevailing party Neither side Read by a model
MEMORANDUM AND RECOMMENDATION
The delay claim Dismissed Read by a model
Accordingly, this Court should grant the Government’s motion to dismiss and dismiss all claims for lack of jurisdiction.
The other claims Dismissed Read by a model
Accordingly, this Court should grant the Government’s motion to dismiss and dismiss all claims for lack of jurisdiction.
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
The Attorney General’s discretion to decide when to adjudicate CAA applications therefore triggers Section 1252(a)(2)(B)(ii)’s jurisdictional bar for mandamus relief just as it does for Plaintiffs’ APA claims.
Nationality Cuba Read by a model
Plaintiffs are fifty-eight Cuban citizens and two Mexican citizens

How the case ended

Docket
No. 4:26-cv-03591
Filed
May 4, 2026
Status
Pending as of the last docket check

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.