Mandamus decisions / Western District of North Carolina
Cheema v. Jaddou
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
The M&R found, and this Court agrees, that Plaintiff’s request that Defendant adjudicate his first Form I-751 hardship waiver is also moot because the USCIS already denied it. |
|---|---|
| Form or filing |
I-751 (removal of conditions); N-400 (naturalization)
Read by a model
The M&R first concludes that Plaintiff’s request is “moot insofar as he seeks to compel adjudication of his Form N-400 naturalization application.” |
| What the suit asked for |
Decide the application
Read by a model
Plaintiff’s request that this Court compel adjudication of his Form N-400 application for naturalization |
| Kind of order |
A ruling on a motion or the petition
Read by a model
This action is DISMISSED WITHOUT PREJUDICE. |
| Motion decided |
Other motion to dismiss
Read by a model
Defendant’s Motion to Dismiss, (Doc. No. 7), is GRANTED; |
| Whose motion |
The government's motion
Read by a model
Defendant’s Motion to Dismiss, (Doc. No. 7), is GRANTED |
| Disposition |
Dismissed as moot
Dismissed or denied as moot because the agency acted.
Read by a model
Plaintiff’s request that this Court compel adjudication of his Form N-400 application for naturalization is moot as this adjudication has since occurred. |
| Prevailing party |
Neither side
Read by a model
Plaintiff’s request that this Court compel adjudication of his Form N-400 application for naturalization is moot as this adjudication has since occurred. |
| The delay claim |
Dismissed
Read by a model
Accordingly, for these reasons and those explained in the M&R, the Court grants Defendant’s motion to dismiss. |
| The other claims |
Dismissed
Read by a model
This action is DISMISSED WITHOUT PREJUDICE. |
| Months pending | Not stated at filing The agency acted before this decision, so the months up to the decision are not a delay and are not shown. Read by a model |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings |
Held moot
Read by a model
Plaintiff’s request that this Court compel adjudication of his Form N-400 application for naturalization is moot as this adjudication has since occurred. |
How the case ended
- Docket
- No. 3:24-cv-00093
- Filed
- January 25, 2024
- Ended
- August 4, 2025
- Suit's filing to its end
- 557 days
- How it ended
- Ended once the agency acted
- 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. Other suits in this court.
Supreme Court and Fourth 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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Etape v. Chertoff, 497 F.3d 379
Fourth Circuit, August 2, 2007. Filing under § 1447(b) vests exclusive jurisdiction over the naturalization application in the district court, so USCIS may not decide it unless the court remands.
ImmCite: treatment available, history exists, not clearance. ImmCite has read all 14 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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Dubon v. Jaddou, 109 F.4th 307
Fourth Circuit, July 29, 2024. Whether to decide a § 1447(b) application or remand it to USCIS is within the district court's discretion, and a remand order is not an appealable collateral order.
ImmCite: treatment available, history exists, not clearance. ImmCite has read all 3 published decisions citing this case, as of 2026-10-29; none treats it adversely. That describes those decisions; it is not a determination that the case is good law.
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Gonzalez v. Cuccinelli, 985 F.3d 357
Fourth Circuit, January 14, 2021. Courts may review delay in placing U-visa petitioners on the waitlist under the TRAC factors and should not dismiss such claims at the pleading stage, but lack jurisdiction over delay in pre-waitlist work-permit requests, a point on which the Sixth Circuit disagrees.
ImmCite: caution, adverse or limiting treatment found. Rejected in the Sixth Circuit by Barrios Garcia v. U.S. Department of Homeland Security, 25 F.4th 430 (2022).
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Lovo v. Miller, 107 F.4th 199
Fourth Circuit, July 3, 2024. The 'decision or action' language of § 1182(a)(9)(B)(v), which the court treated as coextensive with § 1252(a)(2)(B)(ii), does not reach USCIS inaction, so a district court may hear a claim that USCIS unreasonably delayed a provisional unlawful-presence waiver.
ImmCite: treatment available, history exists, not clearance. ImmCite has read all 5 published decisions citing this case, as of 2026-11-07; none treats it adversely. That describes those decisions; it is not a determination that the case is good law.