Passim

Mandamus decisions / District of Massachusetts

Taing v. Chertoff

District of MassachusettsYoungDecided December 12, 2007

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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.

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What the decision decided

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Agency USCIS Read by a model
This case arises out of the denial by the United States Citizenship and Immigration Service ("government") of an "immediate relative" visa petition upon an application for adjustment of status where the petitioner's husband died while the application was pending.
Form or filing I-130 (relative petition); I-485 (adjustment of status) Read by a model
In December 2004, Mr. Taing filed a petition for his wife to obtain an immigrant visa as an immediate relative (an I-130 petition) under the I.N.A. section 204(a).
What the suit asked for Not recorded Read by a model
Motion decided Other motion to dismiss Read by a model
Accordingly, the Court DENIES the Defendants' Motion to Dismiss [Doc. No. 11] and remands the case to the U.S. Citizenship and Immigration Service for further proceedings in accordance with this decision.
Disposition Remanded to the agency Sent back to the agency, with or without instructions. Read by a model
Accordingly, the Court DENIES the Defendants' Motion to Dismiss [Doc. No. 11] and remands the case to the U.S. Citizenship and Immigration Service for further proceedings in accordance with this decision.
Prevailing party Applicant Read by a model
Mrs. Taing remains an immediate relative and ought therefore have her Applications adjudicated as such.
Months pending 26.9 months from the application to the suit; 35.9 months from the application to the court's decision Read by a model
In December 2004, Mr. Taing filed a petition for his wife to obtain an immigrant visa as an immediate relative (an I-130 petition) under the I.N.A. section 204(a).
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

This decision is not linked to a docket in the docket record yet, so how the case ended is not shown.

Supreme Court and First 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.