Passim

Mandamus decisions / Western District of Texas

Derick v. Jaddou and USCIS

Western District of TexasSusan HightowerDecided June 17, 2024No. 1:23-cv-00857

Read the decisionOriginal on CourtListener

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.

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
Plaintiff Etoe Sone Derick seeks an order to compel the United States Citizenship and Immigration Service (“USCIS”) to rule on his asylum application, which has been pending before the USCIS Houston Office for more than five years.
Form or filing I-589 (asylum) Read by a model
Derick’s Form I-589 “Application for Asylum and for Withholding of Removal,”
What the suit asked for Decide the asylum application Read by a model
Plaintiff Etoe Sone Derick seeks an order to compel the United States Citizenship and Immigration Service (“USCIS”) to rule on his asylum application, which has been pending before the USCIS Houston Office for more than five years.
Kind of order A magistrate judge's recommendation Read by a model
REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Motion decided Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim Read by a model
The undersigned RECOMMENDS that the District Court DENY USCIS’s Rule 12(b)(1) Motion to Dismiss for lack of subject matter jurisdiction, GRANT the Motion under Rule 12(b)(6) for failure to state a claim for relief, and DISMISS Plaintiff's claims.
Whose motion The government's motion Read by a model
Before this Court are Defendants’ Motion to Dismiss, filed December 5, 2023 (Dkt. 8);
Disposition Magistrate judge's recommendation A magistrate judge's report and recommendation. The district judge decides whether to adopt it, so it is not counted as either side's win. Read by a model
REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Prevailing party Neither side Read by a model
REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
The delay claim Dismissed Read by a model
GRANT the Motion under Rule 12(b)(6) for failure to state a claim for relief, and DISMISS Plaintiff's claims.
Months pending 53.9 months from the application to the suit; 64.7 months from the application to the court's decision Read by a model
Derick, a native and citizen of Cameroon, filed his application for asylum on January 25, 2019 under § 1158(a), based on alleged political persecution in Cameroon.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings None Read by a model
Nationality Cameroon Read by a model
Derick, a native and citizen of Cameroon

How the case ended

Docket
No. 1:23-cv-00857
Filed
July 24, 2023
Ended
July 2, 2024
Suit's filing to its end
344 days
How it ended
Ended, outcome not recorded
From the record
idb disp 17 (judgment: other), judgment for unknown

A voluntary or stipulated dismissal is how most suits end once the agency acts; the docket rarely says why.

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.