Mandamus decisions / Southern District of Florida
Kuznecovs v. Noem
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 Ivans Kuznecovs, an asylee, brings this action under the Administrative Procedure Act (“APA”) and the Mandamus Act to compel United States Citizenship and Immigration Services (“USCIS” or “the Agency”) to adjudicate his pending application for adjustment of status. |
|---|---|
| Form or filing |
I-485 (adjustment of status)
Read by a model
On April 17, 2023, he filed a Form I-485 application for adjustment of status under 8 U.S.C. § 1159(b). |
| What the suit asked for |
Decide the application
Read by a model
Plaintiff contends that USCIS’s delay, now exceeding three years, is unreasonable and asks the Court to compel adjudication of his Form I-485 application. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
Defendants’ Motion to Dismiss [ECF No. 15] is GRANTED. |
| Motion decided |
Motion to dismiss for lack of jurisdiction
Read by a model
Defendants’ Motion to Dismiss Amended Complaint for Lack of Subject Matter Jurisdiction and for Failure to State a Claim upon Which Relief Can Be Granted |
| Whose motion |
The government's motion
Read by a model
Defendants’ Motion to Dismiss [ECF No. 15] is GRANTED. |
| Disposition |
Dismissed
The case or every delay claim was dismissed for a reason other than mootness.
Read by a model
The Amended Complaint [ECF No. 14] is DISMISSED for lack of subject matter jurisdiction, without prejudice and without leave to amend. |
| Prevailing party |
Government
Read by a model
Defendants’ Motion to Dismiss [ECF No. 15] is GRANTED. |
| The delay claim |
Dismissed
Read by a model
The Amended Complaint [ECF No. 14] is DISMISSED for lack of subject matter jurisdiction, without prejudice and without leave to amend. |
| The other claims |
Dismissed
Read by a model
Therefore, claims I, II, and IV are dismissed for lack of subject-matter jurisdiction. |
| Months pending |
38.4 months from the application to the court's decision
Read by a model
On April 17, 2023, he filed a Form I-485 application for adjustment of status under 8 U.S.C. § 1159(b). |
| 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
Section 1252(a)(2)(B)(ii) bars Plaintiff’s APA claims. |
How the case ended
- Docket
- No. 1:25-cv-23240
- On the docket
- This ruling (ECF 17)
- Filed
- July 21, 2025
- Ended
- June 30, 2026
- Suit's filing to its end
- 70 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. Other suits in this court.
The ruling's entry is the docket's one order or judgment entered the day of the decision. Both come from CourtListener's copy of the docket; check them there.
Supreme Court and Eleventh 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.
-
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
-
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
-
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
-
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
-
Kanapuram v. Director, USCIS, 131 F.4th 1302
Eleventh Circuit, March 20, 2025. Section 1252(a)(2)(B)(ii) strips district courts of jurisdiction over APA unreasonable-delay claims about pending adjustment applications where the delay is part of the discretionary adjudication process, including retrogression holds.
ImmCite: treatment available, history exists, not clearance. ImmCite has read all 2 published decisions citing this case, as of 2026-11-09; none treats it adversely. That describes those decisions; it is not a determination that the case is good law.