Mandamus decisions / Eastern District of Pennsylvania
ALVAREZ v. RAUFER
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 Complaint, Plaintiff contends that her application has been pending with USCIS for nearly four years and that USCIS has neither scheduled her I-589 interview nor otherwise adjudicated her application, despite her attempts to work with Defendants to process her application. |
|---|---|
| Form or filing |
I-589 (asylum)
Read by a model
to adjudicate her I-589 asylum application. |
| What the suit asked for |
Decide the asylum application
Read by a model
We follow Courts in this jurisdiction in finding that Plaintiff has successfully plead a writ of mandamus to compel Defendants to adjudicate her asylum application. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
We deny Defendants’ Motion to Dismiss under Rules 12(b)(1) and 12(b)(6) as to mandamus. |
| Motion decided |
Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim
Read by a model
We deny Defendants’ Motion to Dismiss under Rules 12(b)(1) and 12(b)(6) as to mandamus. |
| Whose motion |
The government's motion
Read by a model
Presently before the Court is Defendants’ Motion to Dismiss for lack of subject-matter jurisdiction under Fed. R. Civ. P. 12(b)(1) and for failure to state a claim under Rule 12(b)(6). |
| Disposition |
Denied in the applicant's favor
The principal motion was denied in full: a motion to dismiss denied so the case goes on, or relief denied on the merits.
Read by a model
We deny Defendants’ Motion to Dismiss under Rules 12(b)(1) and 12(b)(6) as to mandamus. |
| Prevailing party |
Applicant
Read by a model
We deny Defendants’ Motion to Dismiss under Rules 12(b)(1) and 12(b)(6) as to mandamus. |
| The delay claim |
The delay claim goes on
Read by a model
We deny Defendants’ Motion to Dismiss under Rules 12(b)(1) and 12(b)(6) as to mandamus. |
| Months pending |
48 months from the application to the court's decision
Read by a model
However, Plaintiff alleges a delay of almost four years in adjudicating her application. |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| The government's delay arguments |
First-in, first-out processing rejected
Read by a model
the Court in Karimushan found that such considerations alone do not defeat claims for unreasonable delay. |
| Threshold rulings | None Read by a model |
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. How decisions are grouped into cases.
| Decision | Decided | Judge | Disposition |
|---|---|---|---|
| ALVAREZ v. RAUFERThis decision | March 12, 2020 | J. CURTIS JOYNER | Denied in the applicant's favor |
| ALVAREZ v. RAUFERThe case's latest decision: its outcome is the one counted | September 1, 2020 | J. CURTIS JOYNER | Granted in the government's favor |
How the case ended
- Docket
- No. 2:19-cv-03155
- Filed
- July 19, 2019
- Ended
- September 1, 2020
- Suit's filing to its end
- 410 days
- How it ended
- Ended once the agency acted
- From the record
- idb disp 13 (dismissed: settled)
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 Third 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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Oil, Chemical & Atomic Workers Union v. OSHA, 145 F.3d 120
Third Circuit, March 16, 1998. The Third Circuit weighs the TRAC factors in deciding whether to compel agency action that has been unreasonably delayed.
ImmCite: treatment available, history exists, not clearance. ImmCite has read the one published decision citing this case, as of 2026-11-03; it does not treat the case adversely. That describes that decision; it is not a determination that the case is good law.
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Geda v. Director, USCIS, 126 F.4th 835
Third Circuit, January 23, 2025. Section 1255(a) commits both the adjustment decision and the process and pace for reaching it to the Secretary's discretion, so § 1252(a)(2)(B)(ii) strips district courts of jurisdiction over challenges to USCIS's adjudication hold policy and § 1252(a)(2)(D) does not restore it.
ImmCite: treatment available, history exists, not clearance