Mandamus decisions / Southern District of Texas
Torres Sanchez v. United States Citizenship Immigration Services
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
USCIS must adjudicate Plaintiffs naturalization application within thirty (30) days of the entry of the Order. |
|---|---|
| Form or filing |
N-400 (naturalization)
Read by a model
Plaintiff refiled his naturalization application on November 24, 2021 (Dkt. No. 1 at 5, ¶ 11). |
| What the suit asked for |
Naturalization hearing or remand (1447(b))
Read by a model
Because the statutory framework plainly bestows Plaintiff recourse, the Court interprets Plaintiff’s pro se filing as a request for a hearing under 8 U.S.C. § 1447(b). |
| Kind of order |
A ruling on a motion or the petition
Read by a model
Accordingly, Defendants’ Motion to Dismiss Plaintiff’s Petition for Writ of Mandamus (see Dkt. No. 4) is DENIED. |
| Motion decided |
Motion to dismiss for lack of jurisdiction
Read by a model
It appears as if Defendants intended to advance a Rule 12(b)(6) argument regarding Plaintiff’s petition; however, specifics are cabined to the mootness doctrine under Rule 12(b)(1). |
| Whose motion |
The government's motion
Read by a model
Before the Court is Defendants’ Motion to Dismiss Plaintiff’s Petition for Writ of Mandamus (see Dkt. No. 4). |
| Disposition |
Remanded to the agency
Sent back to the agency, with or without instructions.
Read by a model
This action is REMANDED to USCIS to allow it to make an initial determination on Plaintiffs naturalization application. |
| Prevailing party |
Applicant
Read by a model
USCIS must adjudicate Plaintiffs naturalization application within thirty (30) days of the entry of the Order. |
| The delay claim |
Remanded to the agency
Read by a model
This action is REMANDED to USCIS to allow it to make an initial determination on Plaintiffs naturalization application. |
| Months pending |
42.6 months from the application to the suit; 47.8 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
Plaintiff refiled his naturalization application on November 24, 2021 (Dkt. No. 1 at 5, ¶ 11). |
| Months since the naturalization interview |
39.4 months from the interview (2022-04-26)
Read by a model
USCIS interviewed Plaintiff on April 26, 2022, ultimately recommending approval of Plaintiff’s application (Dkt. Nos. 1 at 5, ¶ 12; 1-3 at 46). |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings |
Mootness argument rejected
Read by a model
Because the agency lacked jurisdiction on August 8, 2025, its denial of that application is void, and Plaintiff’s § 1447(b) action is not moot. |
| Nationality |
Mexico
Read by a model
In 1991, Plaintiff, a Mexican citizen, enlisted in the United States Army Reserve through the Delayed Entry Program (Dkt. Nos. 1 at 4, ¶ 9; 1-3 at 14–15, 45). |
How the case ended
- Docket
- No. 5:25-cv-00093
- On the docket
- This ruling (ECF 5), deciding the motion (ECF 4)
- Filed
- June 13, 2025
- Ended
- May 29, 2026
- Suit's filing to its end
- 350 days
- How it ended
- Dismissed, ground not recorded
- From the record
- 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.