Passim

Mandamus decisions / Southern District of New York

Mitchell v. Orsino

Southern District of New YorkPaul A. CrottyDecided August 13, 2009No. 1:09-cv-07029

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3,016 written decisions from 2,750 cases in the whole mandamus and agency-delay group, the group's newest decided November 13, 2026. Updated November 14, 2026 at 3:54 p.m. CT. Of the 1,617 public decisions since January 1, 2025 that a CourtListener and GovInfo search for agency delay finds, Passim holds 1,406 (87%), 1,039 of them in this group, measured November 14, 2026. Tell us about a decision we're missing.

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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 ICE Read by a model
Petitioner Franklyn Mitchell challenges his confinement by United States Immigration and Customs Enforcement (“ICE”) and his continued detention without an individualized bail hearing while his removal proceedings are pending.
Form or filing None named Read by a model
What the suit asked for Not recorded Read by a model
Kind of order A ruling on a motion or the petition Read by a model
For the reasons that follow, Petitioner’s writ of habeas corpus is GRANTED in part.
Motion decided Preliminary injunction or TRO Read by a model
and to preliminarily enjoin Respondents from moving him to custody in another jurisdiction while he remains detained.
Whose motion The plaintiff's motion Read by a model
Petitioner moves this Court to grant his petition for a writ of habeas corpus and mandamus, pursuant to 28 U.S.C. §§ 1361 and 2241.
Disposition Granted in part The principal motion was granted in part and denied in part. Read by a model
For the reasons that follow, Petitioner’s writ of habeas corpus is GRANTED in part.
Prevailing party Each side in part Read by a model
For the reasons that follow, Petitioner’s writ of habeas corpus is GRANTED in part.
The other claims Relief ordered Read by a model
Respondents are directed to give Petitioner a prompt, individualized bail hearing.
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
Nationality Jamaica Read by a model
Petitioner is a Jamaican native and citizen who has been a lawful permanent resident of the United States since December 15, 1987.

How the case ended

Docket
No. 1:09-cv-07029
Filed
August 7, 2009
Ended
December 7, 2009
Suit's filing to its end
122 days
How it ended
Dismissed, ground not recorded
From the record
Federal court records: dismissed on another ground

A voluntary or stipulated dismissal is how most suits end once the agency acts; the docket rarely says why.

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.