Mandamus decisions / Eastern District of New York
Gittens v. Barr
Read the decisionOriginal on CourtListener
2,914 written decisions from 2,661 cases in the whole mandamus and agency-delay group, the group's newest decided October 30, 2026. Updated November 3, 2026 at 1:24 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 1,606 public decisions since January 1, 2025 that a CourtListener and GovInfo search for mandamus and agency delay finds, Passim holds 1,371 (85%), measured November 3, 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
In the third case, the petition alleged that the court had jurisdiction to grant petitioner relief under the APA and compel USCIS to review his N-400 application on its merits. |
|---|---|
| Form or filing |
N-400 (naturalization)
Read by a model
the Court cannot compel respondents to reopen and adjudicate petitioner’s N-400 application |
| What the suit asked for |
Some other action
Read by a model
He requests that the Court compel respondents to reopen and adjudicate nunc pro tunc his naturalization application. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
Petitioner’s petition for a writ of mandamus and relief under the APA is denied. The Clerk of Court is directed to enter judgment dismissing the petition. |
| Motion decided | None Read by a model |
| Whose motion |
The plaintiff's motion
Read by a model
Petitioner pro se filed this instant action seeking mandamus relief pursuant to 28 U.S.C. § 1361 and the Administrative Procedure Act, (“APA”), 5 U.S.C. § 701 et seq. |
| Disposition |
Dismissed
The case or every delay claim was dismissed for a reason other than mootness.
Read by a model
The Clerk of Court is directed to enter judgment dismissing the petition. |
| Prevailing party |
Government
Read by a model
The Clerk of Court is directed to enter judgment dismissing the petition. |
| The delay claim |
Dismissed
Read by a model
Because petitioner mounts an indirect challenge to his removal order, the Court lacks subject matter jurisdiction to grant him relief. The petition is therefore denied. |
| 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 |
Barbados
Read by a model
A citizen of Barbados, petitioner was admitted to the United States as a lawful permanent resident in 1984. |
Other orders in this case
The group holds 2 decisions from this suit, oldest first. Outcome counts on these pages count the case once, by its latest decision, this one. How decisions are grouped into cases.
| Decision | Decided | Judge | Disposition |
|---|---|---|---|
| Gittens v. Barr | February 12, 2020 | Brian M. Cogan | Dismissed |
| Gittens v. BarrThis decisionThe case's latest decision: its outcome is the one counted | April 6, 2020 | Brian M. Cogan | Dismissed |
How the case ended
- Docket
- No. 1:20-cv-00276
- Filed
- January 15, 2020
- Ended
- February 13, 2020
- Suit's filing to its end
- 29 days
- How it ended
- Dismissed on jurisdiction or the merits
- From the record
- idb disp 17 (judgment: other), judgment for defendant
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 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 3, 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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Ajlani v. Chertoff, 545 F.3d 229
Second Circuit, October 7, 2008. A district court may not grant naturalization under § 1447(b) while removal proceedings are pending against the applicant, because § 1429 gives removal priority.
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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Bustamante v. Napolitano, 582 F.3d 403
Second Circuit, September 28, 2009. Once an applicant files under § 1447(b), the district court has exclusive jurisdiction over the naturalization application until it decides the matter or remands, and USCIS may not act on it meanwhile.
ImmCite: treatment available, history exists, not clearance