Passim

Mandamus decisions / Southern District of New York

Kaur v. Mayorkas

Southern District of New YorkPaul A. EngelmayerDecided August 1, 2023No. 1:22-cv-04514

Read the decisionOriginal on CourtListener

2,914 written decisions from 2,661 cases in the whole mandamus and agency-delay group, the group's newest decided October 30, 2026. Updated November 3, 2026 at 1:24 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
Since March 2020, USCIS has used the “visa availability” approach to process 1-526 applications.
Form or filing I-526 (investor petition) Read by a model
On November 1, 2019, Dsouza filed her I-526 application.
What the suit asked for Decide the application Read by a model
They seek an order compelling defendants to adjudicate their
Kind of order A ruling on a motion or the petition Read by a model
For the foregoing reasons, the Court grants defendants’ motion and dismisses the Complaint, without prejudice.
Motion decided Motion to dismiss for failure to state a claim Read by a model
Now before the Court is defendants’ motion to dismiss the Complaint under Federal Rule of Civil Procedure 12(b)(6).
Whose motion The government's motion Read by a model
Now before the Court is defendants’ motion to dismiss the Complaint under Federal Rule of Civil Procedure 12(b)(6).
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
For the foregoing reasons, the Court grants defendants’ motion and dismisses the Complaint, without prejudice.
Prevailing party Government Read by a model
For the foregoing reasons, the Court grants defendants’ motion and dismisses the Complaint, without prejudice.
The delay claim Dismissed Read by a model
For the foregoing reasons, the Court grants defendants’ motion and dismisses the Complaint, without prejudice.
Months pending 31.2 months from the application to the suit; 45.2 months from the application to the court's decision Read by a model
On October 25, 2019, Kaur filed her I]-526 application.
TRAC factors The court weighed the TRAC factors
  • 1. Rule of reasonfavors the government
  • 2. Congressional timetablefavors the applicant
  • 3. Human health and welfarefavors the applicant
  • 4. Competing prioritiesfavors the government
  • 5. Interests prejudicedfavors the applicant
  • 6. No impropriety neededneutral
Read by a model
For the following reasons, the Court finds that the first and fourth TRAC factors favor defendants; the second, third, and fifth favor plaintiffs; and the sixth is neutral.
The government's delay arguments First-in, first-out processing accepted; Line-jumping accepted Read by a model
USCIS’s approach—to first prioritize applicants based on visa availability and then process the prioritized applications by date, with the aim of improving processing times for applicants from countries with available visas—-is clearly sufficiently identifiable, reasonable, and defensible
Threshold rulings APA adequate-remedy bar applied (mandamus claim fails) Read by a model
As plaintiffs sought, and failed to secure, identical relief through their APA claim, their mandamus claim is unavailing. Accordingly, the Court dismisses this claim.
Nationality India Read by a model
Kaur is a citizen of India residing in New York City.

How the case ended

Docket
No. 1:22-cv-04514
Filed
June 1, 2022
Ended
August 1, 2023
Suit's filing to its end
426 days
How it ended
Ended, outcome not recorded
From the record
terminated; no disposition recorded

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 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.