Shwu-Huey Ray v. Reno

District of UtahWinderDecided April 28, 1998

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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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Agency	EOIR Read by rule appealed, and on August 19, 1993, the Board of Immigration Appeals ("BIA") dismissed the appeal. Zheng claims, however, that he was never notified of the BIA's denial of his appeal, and that as a result, he
Form or filing	I-485 (adjustment of status) Read by a model On August 22, 1997, Plaintiffs filed an application for adjustment of status based upon Zheng's marriage to a United States citizen.
What the suit asked for	Not recorded Read by a model
Motion decided	Motion to dismiss for lack of jurisdiction Read by a model Defendants now seek dismissal of Plaintiffs' claims on the ground that this court lacks subject matter jurisdiction.
Disposition	Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model IT IS HEREBY ORDERED that Defendants' Motion to Dismiss is GRANTED, and plaintiffs' complaint is dismissed.
Prevailing party	Government Read by a model IT IS HEREBY ORDERED that Defendants' Motion to Dismiss is GRANTED, and plaintiffs' complaint is dismissed.
Months pending	Not stated 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

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Supreme Court and Tenth 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Supreme Court decisions and the circuit's published decisions listed here bind this court; a circuit disposition marked nonprecedential was not published as precedent and is persuasive only.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.

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
Forest Guardians v. Babbitt, 174 F.3d 1178

Tenth Circuit, April 22, 1999. Missing a concrete statutory deadline is agency action unlawfully withheld that a court must compel, while without a deadline the question is unreasonable delay; the holding still binds in the Tenth Circuit.

ImmCite: caution, adverse or limiting treatment found. Not followed in the Ninth Circuit by Al Otro Lado v. Noem, 138 F.4th 1102 (2025).