Mandamus decisions / District of Vermont
Kondapalli v. Director of U.S. Citizenship and Immigration Services
Read the decisionOriginal on CourtListener
2,917 written decisions from 2,664 cases in the whole mandamus and agency-delay group, the group's newest decided October 30, 2026. Updated November 3, 2026 at 7:07 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
Having already granted Ms. Kondapalli parole on account of her placement on the U visa waitlist, USCIS is not now required to grant her parole again. |
|---|---|
| Form or filing |
I-918 (U visa)
Read by a model
As a member of the waitlist, Ms. Kondapalli is the beneficiary of a decision by USCIS that her application for a U visa is meritorious. |
| What the suit asked for |
Some other action
Read by a model
She is currently in India and seeks parole—permission to enter and remain in the United States—while her application is pending. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
Defendant’s Second Motion to Dismiss (Doc. 9) is GRANTED. |
| Motion decided |
Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim
Read by a model
Defendant seeks dismissal on two grounds: that this court lacks jurisdiction to review Plaintiff's claim and that Plaintiff has failed to state a plausible claim for relief. The court addresses these arguments in turn. |
| Whose motion |
The government's motion
Read by a model
Currently pending is Defendant’s Motion to Dismiss the First Amended Complaint (Doc. 9) |
| Disposition |
Dismissed
The case or every delay claim was dismissed for a reason other than mootness.
Read by a model
Defendant’s Second Motion to Dismiss (Doc. 9) is GRANTED. |
| Prevailing party |
Government
Read by a model
Defendant’s Second Motion to Dismiss (Doc. 9) is GRANTED. |
| The delay claim |
Dismissed
Read by a model
Defendant’s Second Motion to Dismiss (Doc. 9) is GRANTED. |
| Months pending |
93 months from the application to the court's decision
Read by a model
on January 3, 2018, filed an application for a U visa. |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings |
Section 1252(a)(2)(B) bar rejected
Read by a model
Section 1252’s title is further evidence that § 1252(a)(2)(B)(ii) does not bar review of decisions related to parole outside of the context of removal proceedings. Judicial review is not barred in this case. |
| U visa claims |
Other U visa claim: dismissed
Read by a model
Having already granted Ms. Kondapalli parole on account of her placement on the U visa waitlist, USCIS is not now required to grant her parole again. |
| Nationality |
India
Read by a model
Ms. Kondapalli is a citizen and national of India |
How the case ended
- Docket
- No. 2:25-cv-00289
- Filed
- March 6, 2025
- Ended
- October 6, 2025
- Suit's filing to its end
- 214 days
- How it ended
- Dismissed on jurisdiction or the merits
- From the record
- idb disp 6 (judgment: motion before trial), judgment for defendant
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 Second 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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Sharkey v. Quarantillo, 541 F.3d 75
Second Circuit, September 3, 2008. Sections 1252(a)(2)(B)(i) and (ii) do not bar review of a claim that USCIS failed to follow nondiscretionary procedures, and the strong presumption of reviewability made dismissal for lack of jurisdiction error.
ImmCite: treatment available, history exists, not clearance