Mandamus decisions / District of Colorado
Guerrero Butanda v. Wolf
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
To date, USCIS has not processed Ms. Butanda’s U-Visa or employment-authorization applications. |
|---|---|
| Form or filing |
I-765 (EAD); I-918 (U visa)
Read by a model
She filed a U-Visa application and requests for work authorization in April 2018. |
| What the suit asked for |
Decide the application
Read by a model
She thus seeks, through this suit, to compel USCIS to adjudicate her applications. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
The court GRANTS Defendants’ motion to dismiss. |
| Motion decided |
Motion to dismiss for lack of jurisdiction
Read by a model
Defendants move to dismiss Ms. Butanda’s complaint under Federal Rule of Civil Procedure 12(b)(1). |
| Whose motion |
The government's motion
Read by a model
Defendants move to dismiss Ms. Butanda’s complaint for lack of jurisdiction and for failure to state a claim. |
| Disposition |
Dismissed
The case or every delay claim was dismissed for a reason other than mootness.
Read by a model
the court grants Defendants’ motion and dismisses Ms. Butanda’s suit. |
| Prevailing party |
Government
Read by a model
The court GRANTS Defendants’ motion to dismiss. |
| The delay claim |
Dismissed
Read by a model
The court GRANTS Defendants’ motion to dismiss. Doc. 12. The clerk is directed to enter judgment in favor of Noble and terminate the case. |
| The other claims |
Dismissed
Read by a model
Because Ms. Butanda’s fifth claim for relief seeking attorneys’ fees under the Equal Access to Justice Act is derivative of her first four claims for relief, the court dismisses that claim as well. |
| Months pending |
33.6 months from the application to the court's decision
Read by a model
She filed a U-Visa application and requests for work authorization in April 2018. |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings |
Section 1252(a)(2)(B) bar applied
Read by a model
The court lacks jurisdiction over this claim under 8 U.S.C. § 1252(a)(2)(B)(ii). |
| U visa claims |
Work permit: dismissed under 1252(a)(2)(b); Waiting list: dismissed under 1252(a)(2)(b)
Read by a model
requests for work authorization while her U-Visa application is pending. For similar reasons, the court lacks jurisdiction over these claims under 5 U.S.C. § 702(a)(2) and 8 U.S.C. § 1252(a)(2)(B)(ii). |
| Nationality |
Mexico
Read by a model
Plaintiff Adriana Butanda is a citizen of Mexico who resides in Colorado. |
How the case ended
- Docket
- No. 1:20-cv-01155
- Filed
- April 24, 2020
- Ended
- February 1, 2021
- Suit's filing to its end
- 283 days
- How it ended
- Dismissed on jurisdiction or the merits
- From the record
- idb disp 3 (dismissed: lack of jurisdiction)
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 Tenth 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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Mukantagara v. Mullin, No. 24-4071 (10th Cir. Oct. 5, 2026) (on rehearing)
Tenth Circuit, October 5, 2026. Section 1252(a)(2)(B)(ii) bars review only of decisions the statute itself makes discretionary, so mandatory threshold determinations remain reviewable and discretion an agency removes by regulation does not change the analysis.
ImmCite: unchecked, treatment not confirmed yet, not evidence either way. ImmCite has found no published decision citing this case as of 2026-10-29; it checks for new citing decisions daily. That is not a determination that the case is good law.
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Forest Guardians v. Babbitt, 174 F.3d 1178
Tenth Circuit, April 22, 1999. Missing a concrete statutory deadline is agency action unlawfully withheld that a court must compel, while without a deadline the question is unreasonable delay; the holding still binds in the Tenth Circuit.
ImmCite: caution, adverse or limiting treatment found. Not followed in the Ninth Circuit by Al Otro Lado v. Noem, 138 F.4th 1102 (2025).