Mandamus decisions / Southern District of Texas

Trevino Villegas v. Mullin et al.

Southern District of TexasIgnacio Torteya, IIIDecided October 21, 2026

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	DHS Read by a model On March 25, 2026, DHS removed Trevino Villegas to Mexico.
Form or filing	None named Read by a model
What the suit asked for	Some other action Read by a model Here, Trevino Villegas explicitly requests a writ of mandamus to compel the Government to adjust her immigration status.
Kind of order	A magistrate judge's recommendation Read by a model AMENDED REPORT AND RECOMMENDATION
Motion decided	None Read by a model
Whose motion	The plaintiff's motion Read by a model Before the Court is Petitioner Jessica Trevino Villegas’s “Petition for Writ of Habeas Corpus and Mandamus” (“Petition”).
Disposition	Magistrate judge's recommendation A magistrate judge's report and recommendation. The district judge decides whether to adopt it, so it is not counted as either side's win. Read by a model AMENDED REPORT AND RECOMMENDATION
Prevailing party	Neither side Read by a model AMENDED REPORT AND RECOMMENDATION
The other claims	Dismissed Read by a model For the foregoing reasons, it is recommended that the Court: (1) DISMISS WITHOUT PREJUDICE Villegas’s Petition;
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

This decision is not linked to a docket in the docket record yet, so how the case ended is not shown.

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Court decisions and the circuit's published decisions listed here bind this court; a circuit disposition marked nonprecedential was not published as precedent and is persuasive only.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

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
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.
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.