Mandamus decisions / Western District of Wisconsin
Touray, Bubacarr v. Edlow, Joseph
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
this case is REMANDED to USCIS pursuant to 8 U.S.C. § 1447(b), with instructions to: (1) issue any further request for evidence within seven days of remand; and (2) adjudicate Touray’s application within 45 days of receiving his response. |
|---|---|
| Form or filing |
N-400 (naturalization)
Read by a model
Petitioner Bubacarr J.B. Touray asks this court to adjudicate his application for naturalization because the government did not act within 120 days as required by the Immigration and Nationality Act, 8 U.S.C. § 1447(b). |
| What the suit asked for |
Naturalization hearing or remand (1447(b))
Read by a model
Petitioner Bubacarr J.B. Touray asks this court to adjudicate his application for naturalization because the government did not act within 120 days as required by the Immigration and Nationality Act, 8 U.S.C. § 1447(b). |
| Kind of order |
A ruling on a motion or the petition
Read by a model
The government’s motion to remand, Dkt. 8, is GRANTED in part. |
| Motion decided |
Remand under 1447(b); Summary judgment
Read by a model
The government moves the court to exercise its authority under § 1447(b) to remand Touray’s application to U.S. Citizenship and Immigration Services (USCIS). |
| Whose motion |
Cross-motions
Read by a model
The government’s motion to remand, Dkt. 8, is GRANTED in part. |
| Disposition |
Remanded to the agency
Sent back to the agency, with or without instructions.
Read by a model
this case is REMANDED to USCIS pursuant to 8 U.S.C. § 1447(b), with instructions to: (1) issue any further request for evidence within seven days of remand; and (2) adjudicate Touray’s application within 45 days of receiving his response. |
| Prevailing party |
Applicant
Read by a model
this case is REMANDED to USCIS pursuant to 8 U.S.C. § 1447(b), with instructions to: (1) issue any further request for evidence within seven days of remand; and (2) adjudicate Touray’s application within 45 days of receiving his response. |
| The delay claim |
Remanded to the agency
Read by a model
this case is REMANDED to USCIS pursuant to 8 U.S.C. § 1447(b), with instructions to: (1) issue any further request for evidence within seven days of remand; and (2) adjudicate Touray’s application within 45 days of receiving his response. |
| Months pending | Not stated A section 1447(b) suit: these months run from the naturalization application. The statute's 120 days run from the interview, which they do not measure. Read by a model |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings | None Read by a model |
How the case ended
- Docket
- No. 3:26-cv-00666
- On the docket
- This ruling (ECF 12)
- Filed
- July 23, 2026
- Ended
- October 15, 2026
- Suit's filing to its end
- 84 days
- How it ended
- Remanded to the agency
- From the record
- remand order 2026-10-13
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 Seventh 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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Klene v. Napolitano, 697 F.3d 666
Seventh Circuit, October 12, 2012. Section 1429 is not jurisdictional, and a district court reviewing a naturalization denial under § 1421(c) may consider declaratory relief even after removal proceedings begin.
ImmCite: caution, adverse or limiting treatment found. Rejected by the Ninth Circuit, as recognized in Seanlim Yith v. Kirstjen Nielsen, 881 F.3d 1155 (2018).
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Aljabri v. Holder, 745 F.3d 816
Seventh Circuit, March 11, 2014. Once an applicant properly invokes § 1447(b), the district court has exclusive jurisdiction over the application until remand, so a USCIS denial issued meanwhile is void and does not moot the suit.
ImmCite: treatment available, history exists, not clearance. ImmCite has read all 3 published decisions citing this case, as of 2026-11-13; none treats it adversely. That describes those decisions; it is not a determination that the case is good law.
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Iddir v. INS, 301 F.3d 492
Seventh Circuit, August 6, 2002. INS had a nondiscretionary duty to adjudicate diversity-visa applications and § 1252(a)(2)(B)(ii) does not bar review of a failure to act, but no relief is available once the fiscal year ends.
ImmCite: caution, adverse or limiting treatment found. Questioned by Akash Shahi v. United States Department of S, 33 F.4th 927 (2022).
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Calderon-Ramirez v. McCament, 877 F.3d 272
Seventh Circuit, December 5, 2017. USCIS must process U-visa petitions within a reasonable time, but neither mandamus nor the APA offers relief to an applicant who shows nothing setting him apart from those ahead of him in the oldest-first queue.
ImmCite: treatment available, history exists, not clearance. ImmCite has read all 3 published decisions citing this case, as of 2026-11-13; none treats it adversely. That describes those decisions; it is not a determination that the case is good law.
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Pak v. Biden, 91 F.4th 896
Seventh Circuit, January 31, 2024. Consular nonreviewability bars a systemic challenge to how terrorism-related inadmissibility exemptions are considered, a matter the statute commits to the Secretaries' sole unreviewable discretion, and a statutory citation with a facial link to the record satisfies Mandel.
ImmCite: treatment available, history exists, not clearance. ImmCite has read all 2 published decisions citing this case, as of 2026-11-13; none treats it adversely. That describes those decisions; it is not a determination that the case is good law.
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Shahi v. United States Department of State, 33 F.4th 927
Seventh Circuit, May 6, 2022. Courts cannot order a diversity visa issued after the fiscal year ends whatever relief is requested, because the statute ends eligibility, and the Mandamus Act supplies a remedy rather than jurisdiction.
ImmCite: unchecked, treatment not confirmed yet, not evidence either way. ImmCite has found no published decision citing this case as of 2026-10-29; it checks for new citing decisions daily. That is not a determination that the case is good law. The citation index lists 10 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.