Mandamus decisions / Southern District of Texas
Lezzar v. Hamilton
Read the decisionOriginal on CourtListener
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.
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, not summarized. How it's counted.
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’s claim under 8 U.S.C. § 1421(c) for de novo review of the USCIS’ denial of his application for naturalization shall proceed. |
|---|---|
| Form or filing |
N-400 (naturalization)
Read by a model
On April 30, 2009 he filed a Form N–400 Application for Naturalization with the United States Citizenship and Immigration Services (“USCIS”) |
| 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
the Court grants Defendants’ partial motions to dismiss (#14) |
| Motion decided |
Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim
Read by a model
Defendants’ Partial Motion to Dismiss pursuant to Fed. R. Civ. P. 12(b)(1) for lack of subject matter jurisdiction and 12(b)(6) for failure to state a claim for which relief may be granted (instrument #14) |
| Whose motion |
The government's motion
Read by a model
Defendants’ Partial Motion to Dismiss pursuant to Fed. R. Civ. |
| Disposition | Dismissed in part; some claims go on The government's motion to dismiss was granted in part: some claims were dismissed and others go on. Read by a model |
| Prevailing party | Each side in part Read by a model |
| The other claims |
Some dismissed, some go on
Read by a model
Plaintiff’s claim under 8 U.S.C. § 1421(c) for de novo review of the USCIS’ denial of his application for naturalization shall proceed. |
| Months pending |
20.4 months from the application to the agency's action
Read by a model
which was denied on January 11, 2011 |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings | None Read by a model |
| Nationality |
Algeria
Read by a model
Plaintiff is a native and citizen of Algeria |
How the case ended
- Docket
- No. 4:11-cv-04168
- Filed
- December 2, 2011
- Ended
- June 13, 2013
- Suit's filing to its end
- 559 days
- How it ended
- Dismissed, ground not recorded
- From the record
- idb disp 14 (dismissed: other)
A voluntary or stipulated dismissal is how most suits end once the agency acts; the docket rarely says why.
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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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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Walji v. Gonzales, 500 F.3d 432
Fifth Circuit, September 14, 2007. The 120-day period in § 1447(b) runs from the applicant's initial naturalization interview, not from completion of the FBI background check.
ImmCite: treatment available, history exists, not clearance. ImmCite has read all 2 published decisions citing this case, as of 2026-11-13; none treats it adversely. That describes those decisions; it is not a determination that the case is good law.
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Saba-Bakare v. Chertoff, 507 F.3d 337
Fifth Circuit, November 5, 2007. Section 1429 bars district-court naturalization relief under § 1447(b) while removal proceedings are pending.
ImmCite: caution, adverse or limiting treatment found. Rejected in the Third Circuit by Gonzalez v. Secretary of Department of HomeLand Security, 678 F.3d 254 (2012).
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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 2026-11-13; 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.