Mandamus decisions / Northern District of Texas
Montilla Rodriguez v. Jaddou
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.
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
On May 4, 2023, the USCIS issued its final decision declining to award Rodriguez a nationalinterest waiver and consequently denying Rodriguez’s I-140 petition. |
|---|---|
| Form or filing |
I-140 (immigrant worker petition)
Read by a model
In October 2022, he filed a Form I-140 Immigrant Petition for an Alien Worker (“I-140 petition”) with the United States Customs and Immigration Service (“USCIS”), seeking to become a lawful permanent resident of the United States. |
| What the suit asked for | Not recorded Read by a model |
| Kind of order |
A ruling on a motion or the petition
Read by a model
Accordingly, the Court GRANTS Defendants’ Motion to Dismiss (Doc. 30) and DISMISSES WITHOUT PREJUDICE Rodriguez’s claims. |
| Motion decided |
Other motion to dismiss
Read by a model
Accordingly, the Court GRANTS Defendants’ Motion to Dismiss (Doc. 30) and DISMISSES WITHOUT PREJUDICE Rodriguez’s claims. |
| Whose motion |
The government's motion
Read by a model
Before the Court is Defendants Ur Mendoza Jaddou and Mary Elizabeth Brennan Seng (collectively, “Defendants”)’s Motion to Dismiss (Doc. 30). |
| Disposition |
Dismissed
The case or every delay claim was dismissed for a reason other than mootness.
Read by a model
Accordingly, the Court GRANTS Defendants’ Motion to Dismiss (Doc. 30) and DISMISSES WITHOUT PREJUDICE Rodriguez’s claims. |
| Prevailing party |
Government
Read by a model
Accordingly, the Court GRANTS Defendants’ Motion to Dismiss (Doc. 30) and DISMISSES WITHOUT PREJUDICE Rodriguez’s claims. |
| The other claims |
Dismissed
Read by a model
Accordingly, the Court GRANTS Defendants’ Motion to Dismiss (Doc. 30) and DISMISSES WITHOUT PREJUDICE Rodriguez’s claims. |
| Months pending |
6.6 months from the application to the agency's action
Read by a model
On May 4, 2023, the USCIS issued its final decision declining to award Rodriguez a nationalinterest waiver and consequently denying Rodriguez’s I-140 petition. |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings |
Section 1252(a)(2)(B) bar applied
Read by a model
Thus, the jurisdictional bar of § 1252(a)(2)(B)(ii) applies here. |
| Nationality |
Venezuela
Read by a model
Plaintiff Jesus Alejandro Montilla Rodriguez is a Venezuelan national. |
How the case ended
- Docket
- No. 3:23-cv-01449
- Filed
- June 30, 2023
- Ended
- June 27, 2024
- Suit's filing to its end
- 363 days
- How it ended
- Dismissed on jurisdiction or the merits
- From the record
- order 2024-06-27 for the defendants, ground not stated; idb disp 6 (judgment: motion before trial), judgment for unknown
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 Fifth 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.
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Kucana v. Holder, 558 U.S. 233
Supreme Court, January 20, 2010. Section 1252(a)(2)(B)(ii) bars review only of decisions whose discretionary character is specified by statute, not discretion the agency gives itself by regulation.
ImmCite: treatment available, history exists, not clearance
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Patel v. Garland, 596 U.S. 328
Supreme Court, May 16, 2022. Section 1252(a)(2)(B)(i) bars review of any judgment regarding the granting of the listed forms of relief, including the factual findings on which a denial of adjustment rests.
ImmCite: treatment available, history exists, not clearance
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Bouarfa v. Mayorkas, 604 U.S. 6
Supreme Court, December 10, 2024. Revoking an approved visa petition under § 1155 is a discretionary decision or action that § 1252(a)(2)(B)(ii) places beyond judicial review.
ImmCite: treatment available, history exists, not clearance
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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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Cheejati v. Blinken, 106 F.4th 388
Fifth Circuit, July 5, 2024. The pace at which USCIS adjudicates adjustment applications during visa retrogression is a discretionary action under § 1255(a) that § 1252(a)(2)(B)(ii) shields from review, agreeing with the Eighth Circuit's Thigulla.
ImmCite: treatment available, history exists, not clearance
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Mendoza-Tarango v. Flores, 982 F.3d 395
Fifth Circuit, December 8, 2020. A § 706(1) or mandamus claim requires a discrete, legally required action, and USCIS had no nondiscretionary duty to administer the naturalization oath at a prison.
ImmCite: unchecked, treatment not confirmed yet, not evidence either way. ImmCite has found no published decision citing this case as of 2026-11-01; it checks for new citing decisions daily. That is not a determination that the case is good law. The citation index lists 7 other decisions citing it, none a Supreme Court, BIA or Attorney General precedent or a published circuit opinion; ImmCite's status does not review them.