Mandamus decisions / Northern District of West Virginia
Conti v. United States Immigration Service
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 | Not recorded Read by a model |
|---|---|
| Form or filing | None named Read by a model |
| What the suit asked for |
Some other action
Read by a model
seeking to compel the Immigration and Naturalization Service (INS) to hold a prompt deportation hearing, or, in the alternative, to remove the detainer placed by INS. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
For the reasons expressed herein, an Order will be entered which denies as moot the Petition for Writ of Mandamus and dismisses the above-styled miscellaneous action. |
| Motion decided | None Read by a model |
| Whose motion |
The plaintiff's motion
Read by a model
Petitioner, a federal prisoner incarcerated at the federal correctional facility at Morgan-town, West Virginia, has filed a pro se petition for writ of mandamus |
| Disposition |
Dismissed
The case or every delay claim was dismissed for a reason other than mootness.
Read by a model
For the reasons expressed herein, an Order will be entered which denies as moot the Petition for Writ of Mandamus and dismisses the above-styled miscellaneous action. |
| Prevailing party |
Government
Read by a model
For the reasons expressed herein, an Order will be entered which denies as moot the Petition for Writ of Mandamus and dismisses the above-styled miscellaneous action. |
| The delay claim |
Moot: the agency acted
Read by a model
For the reasons expressed herein, an Order will be entered which denies as moot the Petition for Writ of Mandamus and dismisses the above-styled miscellaneous action. |
| The other claims |
Dismissed
Read by a model
The Court is without jurisdiction to consider his request inasmuch as it seeks prospective relief. |
| Months pending | Not stated at filing The agency acted before this decision, so the months up to the decision are not a delay and are not shown. Read by a model |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings |
Held moot
Read by a model
The immediate allegation which was raised by the petition is now moot. |
| Nationality |
Italy
Read by a model
Petitioner, an Italian national |
How the case ended
This decision is not linked to a docket in the docket record yet, so how the case ended is not shown.
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 3, 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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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 2026-10-29; none treats it adversely. That describes those decisions; it is not a determination that the case is good law.