Mandamus decisions / Eastern District of Louisiana
Duncan v. Arties
Read the decisionOriginal on CourtListener
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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
Defendant USCIS is instructed to make a prompt determination on Plaintiff Luisa Duncan’s naturalization application. |
|---|---|
| Form or filing |
N-400 (naturalization)
Read by a model
Ms. Duncan filed an N-400 naturalization application with USCIS on December 14, 2018. |
| What the suit asked for |
Naturalization hearing or remand (1447(b))
Read by a model
Instead, Ms. Duncan filed the instant lawsuit pursuant to 8 U.S.C. § 1447(b), alleging, inter alia,3 a delay in USCIS’s adjudication of her naturalization application in excess of 120 days. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
For the reasons set forth below, the Court will grant Defendants’ Motion to Remand. |
| Motion decided |
Remand under 1447(b); Summary judgment
Read by a model
Plaintiffs request the Court deny Defendant’s Motion to Remand and, instead, grant Ms. Duncan’s Motion for Summary Judgment (R. doc. 14). |
| Whose motion |
The government's motion
Read by a model
a Motion to Remand to United States Citizenship and Immigration Services (“USCIS”) filed by Defendants Eureka Arties, Cambri McNair, and the United States Citizenship and Immigration Services. |
| Disposition |
Remanded to the agency
Sent back to the agency, with or without instructions.
Read by a model
The Court, having considered those cases and the parties’ arguments, will remand the case to USCIS for a prompt determination on Ms. Duncan’s naturalization application. |
| Prevailing party |
Government
Read by a model
Accordingly, IT IS ORDERED that Defendants’ Motion to Remand to USCIS (R. Doc. 18) is GRANTED. |
| The delay claim |
Remanded to the agency
Read by a model
The Court, having considered those cases and the parties’ arguments, will remand the case to USCIS for a prompt determination on Ms. Duncan’s naturalization application. |
| The other claims |
Dismissed
Read by a model
Accordingly, the Court will dismiss all remaining claims without prejudice. |
| Months pending |
80.6 months from the application to the court's decision
A section 1447(b) suit: these months run from the naturalization application. The statute's 120 days run from the interview, which they do not measure.
Read by a model
Ms. Duncan filed an N-400 naturalization application with USCIS on December 14, 2018. |
| Months since the naturalization interview |
71.5 months from the interview (2019-09-18)
Read by a model
On September 18, 2019, the USCIS New Orleans Field Office 1 Defendants’ brief notes that Defendants Arties and McNair no longer work in the New Orleans Field Office of USCIS. See R. Doc. 18-1, p. 4, n. 4. interviewed Ms. Duncan regarding her application. |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings | None Read by a model |
| Nationality |
Philippines
Read by a model
Luisa Duncan, a native and citizen of the Philippines |
How the case ended
- Docket
- No. 2:24-cv-01309
- Filed
- May 20, 2024
- Status
- Pending as of the last docket check
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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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
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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
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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.