Mandamus decisions / Eastern District of Virginia
Lahrar v. United States Citizenship & Immigration Services
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 complaint alleges that on April 2, 2003, plaintiff applied for naturalization as a citizen of the United States, and that he was thereafter interviewed by CIS officials on April 26, 2004, at which time he was informed that his name check clearance was still pending. |
|---|---|
| Form or filing |
N-400 (naturalization)
Read by a model
Plaintiff, Abdellah Lahrar, requests an adjudication of his naturalization application |
| What the suit asked for |
Naturalization hearing or remand (1447(b))
Read by a model
Plaintiff, Abdellah Lahrar, requests an adjudication of his naturalization application and seeks relief by way of the Immigration and Nationality Act, 8 U.S.C. § 1447(b); |
| Kind of order |
A ruling on a motion or the petition
Read by a model
ORDERED that defendants' motion to dismiss for lack of subject matter jurisdiction is GRANTED. |
| Motion decided |
Motion to dismiss for lack of jurisdiction
Read by a model
The matter came before the Court on defendants' motion to dismiss the complaint for lack of subject matter jurisdiction, pursuant to Rule 12(b)(1) |
| Whose motion |
The government's motion
Read by a model
defendants' motion to dismiss for lack of subject matter jurisdiction |
| Disposition |
Dismissed
The case or every delay claim was dismissed for a reason other than mootness.
Read by a model
ORDERED that defendants' motion to dismiss for lack of subject matter jurisdiction is GRANTED. Accordingly, plaintiffs complaint is DISMISSED. |
| Prevailing party |
Government
Read by a model
ORDERED that defendants' motion to dismiss for lack of subject matter jurisdiction is GRANTED. Accordingly, plaintiffs complaint is DISMISSED. |
| The delay claim |
Dismissed
Read by a model
plaintiffs complaint must therefore be dismissed for lack of subject matter jurisdiction. |
| Months pending |
49.2 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
on April 2, 2003, plaintiff applied for naturalization as a citizen of the United States |
| Months since the naturalization interview |
36.4 months from the interview (2004-04-26)
Read by a model
he was thereafter interviewed by CIS officials on April 26, 2004 |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings | None Read by a model |
| Nationality |
Morocco
Read by a model
Plaintiff is a citizen of Morocco |
How the case ended
- Docket
- No. 1:06-cv-01414
- Filed
- December 15, 2006
- Ended
- May 8, 2007
- Suit's filing to its end
- 144 days
- How it ended
- Dismissed, ground not recorded
- From the record
- idb disp 14 (dismissed: other)
A voluntary or stipulated dismissal is how most suits end once the agency acts; the docket rarely says why.
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.