Mandamus decisions / Western District of Pennsylvania
ONDIEK v. MAYORKIS
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
This dispute arises from USCIS’s delay in processing Plaintiff’s naturalization application. |
|---|---|
| Form or filing |
N-400 (naturalization)
Read by a model
Plaintiff alleges that she applied pro se for naturalization on a form N-400 on December 2, 2019. |
| What the suit asked for |
Naturalization hearing or remand (1447(b))
Read by a model
Plaintiff therefore invokes the Court’s jurisdiction under 8 U.S.C. § 1447(b) and requests that the Court conduct an evidentiary hearing on Defendants’ failure to adjudicate Plaintiff’s naturalization application within 120 days of March 12, 2020, |
| Kind of order |
A ruling on a motion or the petition
Read by a model
The Government filed a Motion to Remand this matter to USCIS for a determination on Plaintiff’s application, and Plaintiff responded in opposition to that motion. |
| Motion decided |
Remand under 1447(b)
Read by a model
The Government filed a Motion to Remand this matter to USCIS for a determination on Plaintiff’s application, and Plaintiff responded in opposition to that motion. |
| Whose motion |
The government's motion
Read by a model
The Government filed a Motion to Remand this matter to USCIS for a determination on Plaintiff’s application, and Plaintiff responded in opposition to that motion. |
| Disposition |
Remanded to the agency
Sent back to the agency, with or without instructions.
Read by a model
The Court will therefore order that Defendants’ Motion for Remand be granted without prejudice to the position of any party |
| Prevailing party |
Applicant
Read by a model
USCIS shall make a final determination on Plaintiff’s application within 35 days after the earlier of (a) the date that Plaintiff responds to the NOID; or (b) August 4, 2021. |
| The delay claim |
Remanded to the agency
Read by a model
Defendants’ Motion for Remand be granted without prejudice to the position of any party, and USCIS shall make a final determination on Plaintiff’s application within 35 days |
| Months pending |
14.6 months from the application to the suit; 18.1 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
Plaintiff alleges that she applied pro se for naturalization on a form N-400 on December 2, 2019. |
| Months since the naturalization interview |
14.8 months from the interview (2020-03-12)
Read by a model
The Government’s motion to remand stipulates that, for this motion, the relevant “examination” is indeed the examination conducted on March 12, 2020. |
| 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. 2:21-cv-00233
- Filed
- February 17, 2021
- Ended
- June 4, 2021
- Suit's filing to its end
- 107 days
- How it ended
- Ended, outcome not recorded
- From the record
- idb disp 18 (statistical closing)
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 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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Gonzalez v. Secretary of Department of Homeland Security, 678 F.3d 254
Third Circuit, March 19, 2012. Section 1429 bars a court from ordering naturalization while removal proceedings are pending, but the district court keeps jurisdiction to review a denial under § 1421(c) and may grant declaratory relief.
ImmCite: caution, adverse or limiting treatment found. Rejected in the Sixth Circuit by Joseph Ebu v. USCIS, 134 F.4th 895 (2025).
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Duran-Pichardo v. Attorney General, 695 F.3d 282
Third Circuit, August 31, 2012. The remedy for USCIS's failure to decide within 120 days of the examination is a § 1447(b) hearing, an applicant who never took the oath is not a citizen, and § 1429 gives removal priority over naturalization.
ImmCite: treatment available, history exists, not clearance. ImmCite has read all 2 published decisions citing this case, as of 2026-10-30; none treats it adversely. That describes those decisions; it is not a determination that the case is good law.
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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