Mandamus decisions / Southern District of Florida
Grinberg v. Swacina
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
Defendants now maintain that as to the still pending application of Boris L. Grinberg, the USCIS "requires additional time to conduct its investigation and make necessary contact with entities outside of the USCIS." |
|---|---|
| Form or filing |
I-485 (adjustment of status)
Read by a model
On June 21, 2001, the Grinbergs filed Forms 1-485 |
| What the suit asked for |
Decide the application
Read by a model
Plaintiff is a foreign citizen who seeks an order compelling the representatives of a United States government agency to adjudicate his application for adjustment of status to become a permanent United States resident. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS |
| Motion decided |
Motion to dismiss for lack of jurisdiction
Read by a model
In granting Defendants' Motion to Dismiss, this Court finds that Congress intended to include the pace within its discretionary function. |
| Whose motion |
The government's motion
Read by a model
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS |
| Disposition |
Dismissed
The case or every delay claim was dismissed for a reason other than mootness.
Read by a model
This Court lacks jurisdiction over this matter, and the case is dismissed. |
| Prevailing party |
Government
Read by a model
This Court lacks jurisdiction over this matter, and the case is dismissed. |
| The delay claim |
Dismissed
Read by a model
This Court lacks jurisdiction over this matter, and the case is dismissed. |
| 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
On June 21, 2001, the Grinbergs filed Forms 1-485 with the Immigration and Naturalization Service ("INS") |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings |
Section 1252(a)(2)(B) bar applied; Held moot
Read by a model
Therefore, section 242(a)(2)(B) precludes mandamus jurisdiction over this matter. |
| Nationality |
Russia
Read by a model
Lioubov Grinberg, Boris L. Grinberg, Maria Grinberg, and Boris J. Grinberg, citizens of Russia, |
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 Eleventh 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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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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Kanapuram v. Director, USCIS, 131 F.4th 1302
Eleventh Circuit, March 20, 2025. Section 1252(a)(2)(B)(ii) strips district courts of jurisdiction over APA unreasonable-delay claims about pending adjustment applications where the delay is part of the discretionary adjudication process, including retrogression holds.
ImmCite: treatment available, history exists, not clearance. ImmCite has read all 2 published decisions citing this case, as of 2026-11-09; none treats it adversely. That describes those decisions; it is not a determination that the case is good law.