Mandamus decisions / District of Utah
Kabura v. McNeer
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
USCIS received the Application on September 12, 2016. |
|---|---|
| Form or filing |
N-400 (naturalization)
Read by a model
Mr. Kabura applied for naturalization to become a citizen of the United States on August 12, 2016. |
| What the suit asked for |
Naturalization hearing or remand (1447(b))
Read by a model
Thereafter, on August 3, 2017, Mr. Kabura filed his Petition asking this court, pursuant to 8 U.S.C. § 1447(b), to review his Application and render a decision on the same. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
Mr. Kabura’s Application for Naturalization is APPROVED AND GRANTED. |
| Motion decided | None Read by a model |
| Whose motion |
The plaintiff's motion
Read by a model
Before the court is Petitioner Evariste Kabura’s Petition for Judicial Review for Naturalization (the “Petition”) (ECF No. 2) |
| Disposition |
Remanded to the agency
Sent back to the agency, with or without instructions.
Read by a model
Exhausting the powers and jurisdiction granted to it under § 1447(b) and the governing statutory scheme, the court finds that this matter must now REMAND back to USCIS so that Mr. Kabura’s naturalization process can be completed. |
| Prevailing party |
Applicant
Read by a model
As this was the only requirement for naturalization that Respondents actually contest, the court, having found that it is met, HERBEY APPROVES AND GRANTS Mr. Kabura’s Application for Naturalization. |
| The delay claim |
Relief ordered
Read by a model
Mr. Kabura’s Application for Naturalization is APPROVED AND GRANTED. |
| Months pending |
10.7 months from the application to the suit; 42.3 months from the application to the court's decision
A section 1447(b) suit: these months run from the naturalization application. The statute's 120 days run from the interview, which they do not measure.
Read by a model
USCIS received the Application on September 12, 2016. |
| Months since the naturalization interview |
39.1 months from the interview (2016-12-21)
Read by a model
USCIS conducted its examination on Mr. Kabura on December 21, 2016. |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings | None Read by a model |
How the case ended
- Docket
- No. 2:17-cv-00881
- Filed
- August 3, 2017
- Ended
- March 25, 2020
- Suit's filing to its end
- 387 days
- How it ended
- Remanded to the agency
- From the record
- idb disp 11 (remanded to U.S. agency)
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 Tenth 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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Al-Maleki v. Holder, 558 F.3d 1200
Tenth Circuit, March 18, 2009. A § 1447(b) remand ordering USCIS to administer the oath by a date certain is enforceable merits relief, and the government's request for an open-ended remand after missing the 120-day deadline was not substantially justified.
ImmCite: treatment available, history exists, not clearance. ImmCite has read all 3 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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Forest Guardians v. Babbitt, 174 F.3d 1178
Tenth Circuit, April 22, 1999. Missing a concrete statutory deadline is agency action unlawfully withheld that a court must compel, while without a deadline the question is unreasonable delay; the holding still binds in the Tenth Circuit.
ImmCite: caution, adverse or limiting treatment found. Not followed in the Ninth Circuit by Al Otro Lado v. Noem, 138 F.4th 1102 (2025).