Mandamus decisions / District of Vermont
D'Ambrosio v. Scott
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
When Mr. D’ Ambrosio first filed his Complaint in this court, he sought a writ of mandamus compelling USCIS to adjudicate his I-360 and I-485 petitions, alleging unreasonable delay. |
|---|---|
| Form or filing |
I-360 (special immigrant petition); I-485 (adjustment of status)
Read by a model
When Mr. D’ Ambrosio first filed his Complaint in this court, he sought a writ of mandamus compelling USCIS to adjudicate his I-360 and I-485 petitions, alleging unreasonable delay. |
| What the suit asked for |
Decide the application
Read by a model
When Mr. D’ Ambrosio first filed his Complaint in this court, he sought a writ of mandamus compelling USCIS to adjudicate his I-360 and I-485 petitions, alleging unreasonable delay. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION |
| Motion decided |
Preliminary injunction or TRO
Read by a model
Because the Government has appeared and filed an opposition to the request for injunctive relief, the court treats Petitioner’s two motions (Docs. 5 and 21) as motions for a preliminary injunction. |
| Whose motion |
The plaintiff's motion
Read by a model
Petitioner David D’ Ambrosio seeks a temporary restraining order or preliminary injunction barring his removal from the United States. |
| Disposition |
Denied in the government's favor
The principal motion was denied in full: a motion to dismiss denied so the case goes on, or relief denied on the merits.
Read by a model
the court DENIES the Motion for a Preliminary Injunction. |
| Prevailing party |
Government
Read by a model
the court DENIES the Motion for a Preliminary Injunction. |
| The delay claim |
Relief denied
Read by a model
Having concluded that it likely has no jurisdiction to hear Mr, D’Ambrosio’s claims for relief, the court DENIES the Motion for a Preliminary Injunction. |
| The other claims |
Relief denied
Read by a model
Having concluded that it likely has no jurisdiction to hear Mr, D’Ambrosio’s claims for relief, the court DENIES the Motion for a Preliminary Injunction. |
| 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
On March 12, 2025, Mr. D’Ambrosio filed two forms with the United States Citizenship and Immigration Service: |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings |
Section 1252(a)(2)(B) bar applied; Held moot
Read by a model
Granting Mr. D’Ambrosio the relief he seeks would require the court to pass on the propriety of the I-485 denial, something this court cannot do. |
| Nationality |
Italy
Read by a model
Petitioner David D’ Ambrosio is an Italian citizen |
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, this one. How decisions are grouped into cases.
| Decision | Decided | Judge | Disposition |
|---|---|---|---|
| D'Ambrosio v. Scott | May 9, 2025 | Geoffrey W. Crawford | Granted in the applicant's favor |
| D'Ambrosio v. ScottThis decisionThe case's latest decision: its outcome is the one counted | May 23, 2025 | Geoffrey W. Crawford | Denied in the government's favor |
How the case ended
- Docket
- No. 2:25-cv-00468
- Filed
- May 2, 2025
- Ended
- June 20, 2025
- Suit's filing to its end
- 49 days
- How it ended
- Ended once the agency acted
- From the record
- voluntary dismissal 2025-06-20
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