Mandamus decisions / Eastern District of Kentucky
Zhao v. Mayorkas
Read the decisionOriginal on CourtListener
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 | Not recorded Read by a model |
|---|---|
| Form or filing | None named Read by a model |
| What the suit asked for |
Some other action
Read by a model
Here, the Plaintiffs have received the relief they initially requested when they filed this case—the issuance of their green cards. |
| Kind of order |
A magistrate judge's recommendation
Read by a model
REPORT & RECOMMENDATION |
| Motion decided |
Other motion to dismiss
Read by a model
This matter is before the Court on Defendants’ Motion to Dismiss. |
| Whose motion |
The government's motion
Read by a model
This matter is before the Court on Defendants’ Motion to Dismiss. |
| 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
REPORT & RECOMMENDATION |
| Prevailing party |
Neither side
Read by a model
REPORT & RECOMMENDATION |
| The delay claim |
Moot: the agency acted
Read by a model
Accordingly, given the evidence that indicates that the controversy is now moot and Plaintiffs’ failure to respond to the Motion to Dismiss, the undersigned will recommend that Defendants’ Motion be granted. |
| Months pending | Not stated at filing The agency acted before this decision, so the months up to the decision are not a delay and are not shown. Read by a model |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings |
Held moot
Read by a model
Accordingly, given the evidence that indicates that the controversy is now moot and Plaintiffs’ failure to respond to the Motion to Dismiss, the undersigned will recommend that Defendants’ Motion be granted. |
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 |
|---|---|---|---|
| Zhao v. MayorkasThis decision | March 4, 2024 | Edward B. Atkins | Magistrate judge's recommendation |
| Zhao v. MayorkasThe case's latest decision: its outcome is the one counted | March 21, 2024 | Gregory F. Van Tatenhove | Dismissed as moot |
How the case ended
- Docket
- No. 5:23-cv-00307
- On the docket
- This ruling (ECF 9)
- Filed
- November 2, 2023
- Ended
- March 21, 2024
- Suit's filing to its end
- 140 days
- How it ended
- Ended once the agency acted
- From the record
- idb disp 14 (dismissed: other)
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 Sixth 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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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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Barrios Garcia v. U.S. Department of Homeland Security, 25 F.4th 430
Sixth Circuit, February 10, 2022. Courts may review and compel unreasonably delayed U-visa waitlist placement and bona fide determinations under TRAC, though not discretionary pre-waitlist work authorization, disagreeing in part with the Fourth Circuit's Gonzalez.
ImmCite: unchecked, treatment not confirmed yet, not evidence either way. No verified adverse treatment has been found so far. All 2 precedential decisions citing this case have been reviewed as of 2026-11-13.