Mandamus decisions / Western District of Texas
Sun v. Jaddou
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
After receiving an application for naturalization, USCIS is tasked with completing a background investigation of the applicant and determining whether the applicant is eligible to naturalize. |
|---|---|
| Form or filing |
N-400 (naturalization)
Read by a model
On August 3, 2022, he filed an N-400 application for naturalization with USCIS, which included a Form N-426 indicating his honorable military service. |
| What the suit asked for |
Decide the application
Read by a model
Plaintiff alleges that he is entitled to mandamus relief to compel Defendants to adjudicate his N-400 application because an unreasonable amount of time has passed without adjudication. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
the Court finds that the motion to dismiss should be granted. |
| Motion decided |
Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim
Read by a model
As detailed below, the Court is able to determine at this stage that it lacks jurisdiction over two of Plaintiff’s claims and that Plaintiff fails to state a claim on the third. |
| Whose motion |
The government's motion
Read by a model
Defendants moved to dismiss Plaintiff’s complaint under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). |
| Disposition |
Dismissed
The case or every delay claim was dismissed for a reason other than mootness.
Read by a model
Plaintiff's claims against Defendants are DISMISSED WITHOUT PREJUDICE. |
| Prevailing party |
Government
Read by a model
Plaintiff's claims against Defendants are DISMISSED WITHOUT PREJUDICE. |
| The delay claim |
Dismissed
Read by a model
Plaintiff's claims against Defendants are DISMISSED WITHOUT PREJUDICE. |
| The other claims |
Dismissed
Read by a model
Accordingly, Plaintiff lacks a due process right to naturalization, and his due process claim must be dismissed for failure to state a claim under Rule 12(b)(6). |
| Months pending |
12.5 months from the application to the suit; 19.5 months from the application to the court's decision
Read by a model
On August 3, 2022, he filed an N-400 application for naturalization with USCIS, which included a Form N-426 indicating his honorable military service. |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings |
APA adequate-remedy bar applied (mandamus claim fails)
Read by a model
Mandamus relief is not available to Plaintiff because it would be duplicative of his cause of action under the APA. |
| Nationality |
China
Read by a model
He is a conditional permanent resident of the United States and a Chinese national. |
How the case ended
- Docket
- No. 1:23-cv-00973
- On the docket
- This ruling (ECF 11), deciding the motion (ECF 7)
- Filed
- August 19, 2023
- Ended
- March 20, 2024
- Suit's filing to its end
- 214 days
- How it ended
- Dismissed on jurisdiction or the merits
- From the record
- order 2024-03-20 for the defendants, ground not stated; idb disp 14 (dismissed: other)
A voluntary or stipulated dismissal is how most suits end once the agency acts; the docket rarely says why. Other suits in this court.
The ruling's entry is the docket's one order or judgment entered the day of the decision, and the motion number is read from that entry's text. Both come from CourtListener's copy of the docket; check them there.
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 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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Walji v. Gonzales, 500 F.3d 432
Fifth Circuit, September 14, 2007. The 120-day period in § 1447(b) runs from the applicant's initial naturalization interview, not from completion of the FBI background check.
ImmCite: treatment available, history exists, not clearance. ImmCite has read all 2 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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Saba-Bakare v. Chertoff, 507 F.3d 337
Fifth Circuit, November 5, 2007. Section 1429 bars district-court naturalization relief under § 1447(b) while removal proceedings are pending.
ImmCite: caution, adverse or limiting treatment found. Rejected in the Third Circuit by Gonzalez v. Secretary of Department of HomeLand Security, 678 F.3d 254 (2012).
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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. ImmCite has read all 7 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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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.