Mandamus decisions / Western District of Pennsylvania
KAZIMI v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY
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 |
USCIS
Read by a model
Under § 2502 of the Extending Government Funding and Delivering Emergency Assistance Act (the “Emergency Assistance Act”), in the absence of “exceptional circumstances,” the USCIS must adjudicate the asylum applications filed by Afghan nationals within 150 days. |
|---|---|
| Form or filing |
I-589 (asylum)
Read by a model
A year after entering the U.S., Mr. Kazimi submitted his I-589 application for asylum under § 241(b)(3) of the Immigration and Nationality Act because he fears that he will be persecuted by the Taliban due to (1) his political opinion and (2) his membership in a particular social group. |
| What the suit asked for |
Decide the asylum application
Read by a model
The following day, Kazimi, a parolee under the Operation Allies Welcome (“OAW”) program, filed a preliminary injunction motion seeking to compel the asylum application decision within ninety days. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
The Report and Recommendation is adopted as to its conclusions peeeraine subject matter jurisdiction, collateral estoppel, and mootness. |
| Motion decided | None Read by a model |
| Whose motion |
The court on its own
Read by a model
Presently before this Court is a Report and Recommendation, along with Objections thereto, addressing an implicit jurisdictional issue raised sua sponte by the undersigned. |
| Disposition |
Denied in the applicant's favor
The principal motion was denied in full: relief the plaintiff asked for denied on the merits, such as summary judgment, an injunction or fees. The government's motion denied so the case goes on is listed apart.
Read by a model
However, this Court declines to stay this case. |
| Prevailing party |
Applicant
Read by a model
Accordingly, this case should proceed. |
| The delay claim |
The delay claim goes on
Read by a model
Accordingly, this case should proceed. |
| Months pending |
27.6 months from the application to the suit; 33.7 months from the application to the court's decision
Read by a model
According to his verified complaint, Kazimi’s application was filed on August 26, 2022. |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings |
Mootness argument rejected
Read by a model
Judge Lanzillo further reported that Kazimi’s claims are not moot. |
| Nationality |
Afghanistan
Read by a model
Mr. Kazimi is a citizen of Afghanistan |
How the case ended
- Docket
- No. 1:24-cv-00340
- On the docket
- This ruling (ECF 49)
- Filed
- December 12, 2024
- Ended
- July 22, 2025
- Suit's filing to its end
- 222 days
- How it ended
- Transferred
- From the record
- transfer order 2025-07-22
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 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 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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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