Passim

Mandamus decisions / Southern District of New York

Sheiner v. Mayorkas

Southern District of New YorkEdgardo RamosDecided March 29, 2023No. 1:21-cv-05272

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.

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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 USCIS Read by a model
Sheiner’s I-526 petition has been pending adjudication by USCIS for approximately forty-five months, nearly four years.
Form or filing I-526 (investor petition) Read by a model
Form I-526 Immigrant Petition by Alien Investor (“I-526 petition”)
What the suit asked for Decide the application Read by a model
Sheiner also seeks a writ of mandamus compelling USCIS to adjudicate her I-526 petition.
Kind of order A ruling on a motion or the petition Read by a model
For the reasons set forth above, Defendants’ motion to dismiss is GRANTED.
Motion decided Motion to dismiss for failure to state a claim Read by a model
Pending before the court is USCIS’ motion to dismiss the compliant in its entirety for failure to state a claim, pursuant to Federal Rule of Civil Procedure 12(b)(6).
Whose motion The government's motion Read by a model
Pending before the court is USCIS’ motion to dismiss the compliant in its entirety for failure to state a claim, pursuant to Federal Rule of Civil Procedure 12(b)(6).
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
For the reasons set forth above, Defendants’ motion to dismiss is GRANTED. The Clerk of Court is respectfully directed to terminate the motion, Doc. 39, and close this case.
Prevailing party Government Read by a model
For the reasons set forth above, Defendants’ motion to dismiss is GRANTED.
The delay claim Dismissed Read by a model
For the reasons set forth above, Defendants’ motion to dismiss is GRANTED.
Months pending 24 months from the application to the suit; 45.5 months from the application to the court's decision Read by a model
On June 14, 2019, she filed an I-526 petition with USCIS
TRAC factors The court weighed the TRAC factors
  • 1. Rule of reasonfavors the government
  • 2. Congressional timetablefavors the applicant
  • 3. Human health and welfarefavors the government
  • 4. Competing prioritiesfavors the government
  • 5. Interests prejudicedfavors the government
  • 6. No impropriety neededneutral
Read by a model
USCIS has supplied a rule of reason sufficient to tip the first TRAC factor in its favor.
The government's delay arguments First-in, first-out processing accepted; Line-jumping accepted Read by a model
Her argument does not account for the fact that there are other petitioners from Canada in the same situation as her, who filed petitions before she did.
Threshold rulings None Read by a model
Nationality Canada Read by a model
Sheiner is a citizen of Canada who currently resides in New York City.

How the case ended

Docket
No. 1:21-cv-05272
On the docket
This ruling (ECF 52)
Filed
June 14, 2021
Ended
March 30, 2023
Suit's filing to its end
654 days
How it ended
Dismissed on jurisdiction or the merits
From the record
idb disp 6 (judgment: motion before trial), judgment for defendant

A voluntary or stipulated dismissal is how most suits end once the agency acts; the docket rarely says why.

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 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 14, 2026. Check the current status before relying on one.