Passim

Mandamus decisions / Southern District of New York

Checknan v. McElroy

Southern District of New YorkEllisDecided April 6, 2004

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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 ICE Read by a model
the functions at issue here are being performed by what is now called the Bureau of Immigration and Customs Enforcement.
Form or filing None named Read by a model
What the suit asked for Some other action Read by a model
Petitioner Ly Checknan ("Checknan") seeks a writ of mandamus and a declaratory judgment compelling the Immigration and Naturalization Service ("INS")[1] to place him in removal proceedings.
Motion decided Motion to dismiss for lack of jurisdiction Read by a model
In its motion to dismiss pursuant to Rule 12(b)(1), the Government argues that Checknan has failed to offer grounds that would confer jurisdiction on this Court to compel the INS to place him in removal proceedings.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
For the foregoing reasons, the complaint is DISMISSED without prejudice and the clerk is directed to enter the judgment against Plaintiff.
Prevailing party Government Read by a model
For the foregoing reasons, the complaint is DISMISSED without prejudice and the clerk is directed to enter the judgment against Plaintiff.
Months pending 4 months from the application to the suit; 23.5 months from the application to the court's decision Read by a model
In a letter dated April 22, 2002, Checknan requested that the INS "repaper" him and reinstate the matter as removal proceedings so that he could apply for cancellation of removal.
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 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 14, 2026. Check the current status before relying on one.