Mandamus decisions / Middle District of Pennsylvania
Salazar-Benitez v. Garland
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 |
DHS
Read by a model
According to Salazar-Benitez, he has tried to initiate asylum proceedings, and the Department of Homeland Security has ignored his submissions. |
|---|---|
| Form or filing | None named Read by a model |
| What the suit asked for |
Some other action
Read by a model
requests the Court grant him a writ of mandamus compelling Defendants to 1) open an asylum case on his behalf |
| Kind of order |
A ruling on a motion or the petition
Read by a model
Salazar-Benitez’s complaint (Doc. 1) is DISMISSED without prejudice to his ability to bring his claims in a habeas action or in an appropriate appeal of his order of removal. |
| Motion decided | None Read by a model |
| Whose motion |
The court on its own
Read by a model
On January 21, 2025, Chief Magistrate Judge Daryl F. Bloom screened the complaint in accordance with 28 U.S.C. § 1915 and recommended that the Court dismiss this action. |
| Disposition |
Dismissed
The case or every delay claim was dismissed for a reason other than mootness.
Read by a model
Salazar-Benitez’s complaint (Doc. 1) is DISMISSED without prejudice to his ability to bring his claims in a habeas action or in an appropriate appeal of his order of removal. |
| Prevailing party |
Government
Read by a model
Salazar-Benitez’s complaint (Doc. 1) is DISMISSED without prejudice to his ability to bring his claims in a habeas action or in an appropriate appeal of his order of removal. |
| The delay claim |
Dismissed
Read by a model
Salazar-Benitez’s complaint (Doc. 1) is DISMISSED without prejudice to his ability to bring his claims in a habeas action or in an appropriate appeal of his order of removal. |
| The other claims |
Dismissed
Read by a model
Salazar-Benitez’s complaint (Doc. 1) is DISMISSED without prejudice to his ability to bring his claims in a habeas action or in an appropriate appeal of his order of removal. |
| Months pending | Not stated Read by a model |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings |
APA adequate-remedy bar applied (mandamus claim fails)
Read by a model
Judge Bloom is still correct that the Court may not issue a writ of mandamus to address this issue because Salazar-Benitez has other means of relief. |
| Nationality |
Mexico
Read by a model
Salazar-Benitez, a citizen of Mexico currently serving a federal criminal sentence |
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 Third 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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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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Oil, Chemical & Atomic Workers Union v. OSHA, 145 F.3d 120
Third Circuit, March 16, 1998. The Third Circuit weighs the TRAC factors in deciding whether to compel agency action that has been unreasonably delayed.
ImmCite: treatment available, history exists, not clearance. ImmCite has read the one published decision citing this case, as of 2026-11-03; it does not treat the case adversely. That describes that decision; it is not a determination that the case is good law.
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Geda v. Director, USCIS, 126 F.4th 835
Third Circuit, January 23, 2025. Section 1255(a) commits both the adjustment decision and the process and pace for reaching it to the Secretary's discretion, so § 1252(a)(2)(B)(ii) strips district courts of jurisdiction over challenges to USCIS's adjudication hold policy and § 1252(a)(2)(D) does not restore it.
ImmCite: treatment available, history exists, not clearance