Mandamus decisions / Southern District of Texas
Gonzalez v. USCIS
Read the decisionOriginal on CourtListener
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.
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 instead.
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
Plaintiff now sues under the Administrative Procedure Act (“APA”) and the Mandamus Act to compel USCIS to adjudicate Plaintiff’s application. |
|---|---|
| Form or filing |
I-485 (adjustment of status)
Read by a model
Plaintiff filed this suit on September 14, 2026, alleging that, although he filed his I-485 application on April 28, 2022, USCIS has not yet adjudicated his application. |
| What the suit asked for |
Decide the application
Read by a model
Plaintiff now sues under the Administrative Procedure Act (“APA”) and the Mandamus Act to compel USCIS to adjudicate Plaintiff’s application. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
For the foregoing reasons, Defendants’ Motion to Dismiss, (Dkt. No. 5), is GRANTED. |
| Motion decided |
Motion to dismiss for lack of jurisdiction
Read by a model
Defendants move to dismiss the APA and Mandamus Act claims under Rule 12(b)(1) and Rule 12(b)(6). |
| Whose motion |
The government's motion
Read by a model
Pending before the Court is Defendants’ Motion to Dismiss. |
| Disposition |
Dismissed
The case or every delay claim was dismissed for a reason other than mootness.
Read by a model
It is therefore ORDERED that Plaintiff’s Petition for Declaratory Relief Through Writ of Mandamus, (Dkt. No. 1), is hereby DISMISSED. |
| Prevailing party |
Government
Read by a model
For the foregoing reasons, Defendants’ Motion to Dismiss, (Dkt. No. 5), is GRANTED. |
| The delay claim |
Dismissed
Read by a model
It is therefore ORDERED that Plaintiff’s Petition for Declaratory Relief Through Writ of Mandamus, (Dkt. No. 1), is hereby DISMISSED. |
| Months pending |
52.6 months from the application to the suit; 54.5 months from the application to the court's decision
Read by a model
he filed his I-485 application on April 28, 2022 |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings |
Section 1252(a)(2)(B) bar applied
Read by a model
The plain text of the INA expressly precludes this Court from reviewing discretionary actions of USCIS, such as the pace of the adjustment process, and deprives it of subject-matter jurisdiction over Plaintiff’s claim. |
How the case ended
- Docket
- No. 7:26-cv-00424
- Filed
- September 14, 2026
- Ended
- November 13, 2026
- Suit's filing to its end
- 60 days
- How it ended
- Ended, outcome not recorded
A voluntary or stipulated dismissal is how most suits end once the agency acts; the docket rarely says why. Other suits in this court.
Supreme Court and Fifth 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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Kucana v. Holder, 558 U.S. 233
Supreme Court, January 20, 2010. Section 1252(a)(2)(B)(ii) bars review only of decisions whose discretionary character is specified by statute, not discretion the agency gives itself by regulation.
ImmCite: treatment available, history exists, not clearance
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Patel v. Garland, 596 U.S. 328
Supreme Court, May 16, 2022. Section 1252(a)(2)(B)(i) bars review of any judgment regarding the granting of the listed forms of relief, including the factual findings on which a denial of adjustment rests.
ImmCite: treatment available, history exists, not clearance
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Bouarfa v. Mayorkas, 604 U.S. 6
Supreme Court, December 10, 2024. Revoking an approved visa petition under § 1155 is a discretionary decision or action that § 1252(a)(2)(B)(ii) places beyond judicial review.
ImmCite: treatment available, history exists, not clearance
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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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Cheejati v. Blinken, 106 F.4th 388
Fifth Circuit, July 5, 2024. The pace at which USCIS adjudicates adjustment applications during visa retrogression is a discretionary action under § 1255(a) that § 1252(a)(2)(B)(ii) shields from review, agreeing with the Eighth Circuit's Thigulla.
ImmCite: treatment available, history exists, not clearance. ImmCite has read all 7 published decisions citing this case, as of 2026-11-14; none treats it adversely. That describes those decisions; it is not a determination that the case is good law.
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Mendoza-Tarango v. Flores, 982 F.3d 395
Fifth Circuit, December 8, 2020. A § 706(1) or mandamus claim requires a discrete, legally required action, and USCIS had no nondiscretionary duty to administer the naturalization oath at a prison.
ImmCite: unchecked, treatment not confirmed yet, not evidence either way. ImmCite has found no published decision citing this case as of 2026-11-01; it checks for new citing decisions daily. That is not a determination that the case is good law. The citation index lists 7 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.