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Mandamus decisions / Eastern District of New York

Przhebelskaya v. United States Bureau of Citizenship & Immigration Services

Eastern District of New YorkGershonDecided September 30, 2004

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2,917 written decisions from 2,664 cases in the whole mandamus and agency-delay group, the group's newest decided October 30, 2026. Updated November 3, 2026 at 7:07 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.

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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
the United States Citizenship and Immigration Services (the “Agency”), successor to the Immigration and Naturalization Service (“INS”), 3 is responsible for adjudicating the diversity visa applications of applicants who reside in the United States at the time of their selection.
Form or filing I-485 (adjustment of status) Read by a model
Plaintiffs brought this action for mandamus relief when their applications for adjustment of status were denied.
What the suit asked for Some other action Read by a model
Plaintiffs made the instant motion on February 6, 2004, seeking that this court (1) hold defendants in contempt of its September 24, 2003 Order, and (2) compel defendants to adjust the status of Vladi-myr and Yevgenia to that of lawful permanent residents.
Kind of order A ruling on a motion or the petition Read by a model
For the reasons set forth below, the plaintiffs’ motion to compel is granted.
Motion decided None Read by a model
Whose motion The plaintiff's motion Read by a model
For the reasons set forth below, the plaintiffs’ motion to compel is granted.
Disposition Granted in the applicant's favor The principal motion was granted in full: summary judgment for either side, an injunction or TRO, a writ or order to act, fees. A motion to dismiss granted in full counts as Dismissed; a transfer is listed apart. Read by a model
For the foregoing reasons, plaintiffs’ motion to compel is granted, and defendants are ordered to adjust the status of Vladimyr Przhebelskaya and Yevgenia Przhebelskaya to that of lawful permanent residents without further delay.
Prevailing party Applicant Read by a model
For the foregoing reasons, plaintiffs’ motion to compel is granted, and defendants are ordered to adjust the status of Vladimyr Przhebelskaya and Yevgenia Przhebelskaya to that of lawful permanent residents without further delay.
The delay claim Relief ordered Read by a model
Specifically, the court orders defendants to adjust the status of Vladimyr and Yevgenia to that of lawful permanent residents, pursuant to Section 245(a) of the INA.
Months pending 2.8 months from the application to the suit; 17.6 months from the application to the court's decision Read by a model
On April 14, 2003, Marianna submitted an application to the Agency for the issuance of a diversity visa and an adjustment of status to that of lawful permanent resident.
TRAC factors The court did not weigh the TRAC factors Read by a model
The government's delay arguments Visa availability rejected Read by a model
Neither the expiration of the statutory deadline nor the fulfillment of the statutory quota extinguishes the Agency’s obligation to comply with the court’s order.
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.

DecisionDecidedJudgeDisposition
Przhebelskaya v. United States Bureau of Citizenship & Immigration ServicesThis decision September 30, 2004 Gershon Granted in the applicant's favor
Przhebelskaya v. US BUREAU OF CITIZ. AND IMMIGR. SERVICESThe case's latest decision: its outcome is the one counted September 30, 2004 Nina Gershon Granted in the applicant's favor

How the case ended

This decision is not linked to a docket in the docket record yet, so how the case ended is not shown.

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 3, 2026. Check the current status before relying on one.