Mandamus decisions / District of Columbia
HUANG v. USCIS IMMIGRATION INVESTOR PROGRAM OFFICE
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.
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
Plaintiff now brings suit under the Administrative Procedure Act (“APA”), id. {] 10-13, seeking an order directing USCIS to adjudicate Plaintiff’s application within thirty days, id. at 3 (Prayer for Relief). |
|---|---|
| Form or filing |
I-526E (investor petition)
Read by a model
Plaintiff Shuowen Huang is a New Jersey resident who filed an I-526E petition with Defendant USCIS Regional Investor Center in May 2024. |
| What the suit asked for |
Decide the application
Read by a model
Plaintiff now brings suit under the Administrative Procedure Act (“APA”), id. {] 10-13, seeking an order directing USCIS to adjudicate Plaintiff’s application within thirty days, id. at 3 (Prayer for Relief). |
| Kind of order |
A ruling on a motion or the petition
Read by a model
For the reasons stated herein, the Court will dismiss the Complaint pursuant to Local Civil Rule 7(b) and Federal Rule 12(b)(6). |
| Motion decided |
Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim
Read by a model
Defendant has moved to dismiss the Complaint pursuant to Federal Rules 12(b)(1) and 12(b)(6). |
| Whose motion |
The government's motion
Read by a model
Defendant has moved to dismiss the Complaint pursuant to Federal Rules 12(b)(1) and 12(b)(6). |
| Disposition |
Dismissed
The case or every delay claim was dismissed for a reason other than mootness.
Read by a model
For the reasons stated herein, the Court will dismiss the Complaint pursuant to Local Civil Rule 7(b) and Federal Rule 12(b)(6). |
| Prevailing party |
Government
Read by a model
The Court therefore grants Defendant’s Motion to Dismiss as conceded pursuant to Local Rule 7(b). |
| The delay claim |
Dismissed
Read by a model
In sum, the Plaintiffhas not stated a claim for unreasonable delay, and his Complaint must be dismissed pursuant to Federal Rule 12(b)(6). |
| Months pending |
24 months from the application to the suit; 29 months from the application to the court's decision
Read by a model
Plaintiff Shuowen Huang is a New Jersey resident who filed an I-526E petition with Defendant USCIS Regional Investor Center in May 2024. |
| TRAC factors |
The court weighed the TRAC factors
Accordingly, this factor favors USCIS. |
| The government's delay arguments |
First-in, first-out processing accepted; Line-jumping accepted
Read by a model
the Court has no trouble concluding that “USCIS employs a rule of reason to adjudicate Form 1-526E petitions.” |
| Threshold rulings |
Section 1252(a)(2)(B) bar rejected
Read by a model
Accordingly, the Court determines that it has subject-matter jurisdiction over the dispute. |
How the case ended
- Docket
- No. 1:26-cv-01627
- Filed
- May 12, 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 D.C. 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.
-
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
-
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
-
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
-
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
-
Telecommunications Research & Action Center v. FCC, 750 F.2d 70
D.C. Circuit, October 24, 1984. Whether agency delay is unreasonable turns on six factors: a rule of reason, any statutory timetable, the human welfare interests at stake, the effect of expediting on competing priorities, the interests prejudiced by delay, and no need to find impropriety.
ImmCite: treatment available, history exists, not clearance
-
Mashpee Wampanoag Tribal Council, Inc. v. Norton, 336 F.3d 1094
D.C. Circuit, August 8, 2003. A claim that an agency has unreasonably delayed a matter arises under the APA and § 1331, and the TRAC factors decide whether the delay is unreasonable.
ImmCite: treatment available, history exists, not clearance
-
In re Core Communications, Inc., 531 F.3d 849
D.C. Circuit, July 8, 2008. Mandamus to compel unreasonably delayed agency action is an extraordinary remedy guided by the TRAC factors, granted here after years of unexplained delay.
ImmCite: treatment available, history exists, not clearance
-
Da Costa v. Immigration Investor Program Office, 80 F.4th 330
D.C. Circuit, August 18, 2023. EB-5 petition delays of roughly four years were not unreasonable under TRAC where USCIS adjudicates in a rule-of-reason order and expediting the plaintiffs would only move them ahead of others in the queue.
ImmCite: treatment available, history exists, not clearance
-
American Hospital Ass'n v. Burwell, 812 F.3d 183
D.C. Circuit, February 9, 2016. A delay claim under the Mandamus Act requires a clear duty, a clear right and no adequate alternative remedy, and the TRAC factors then decide whether the delay warrants relief, with a statutory deadline weighing heavily.
ImmCite: treatment available, history exists, not clearance
-
Afghan and Iraqi Allies v. Blinken, 103 F.4th 807
D.C. Circuit, June 7, 2024. TRAC governs visa-processing delay claims in district court, a court that finds unreasonable delay may set adjudication deadlines, and expediting a whole class in queue order is not line-jumping.
ImmCite: unchecked, treatment not confirmed yet, not evidence either way. ImmCite has found no published decision citing this case as of 2026-10-28; it checks for new citing decisions daily. That is not a determination that the case is good law. The citation index lists 49 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.