Passim

Mandamus decisions / Western District of North Carolina

Lin v. Heffron

Western District of North CarolinaMax O. Cogburn, JrDecided March 17, 2022No. 3:21-cv-00647

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.

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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
After receiving a response to the notice of intent to deny, USCIS denied the I-730 petition on October 24, 2019, as a matter of discretion.
Form or filing I-290B; I-730 (refugee or asylee relative petition) Read by a model
On November 28, 2016, Yi Lin filed a Form I-730, Refugee/Asylee Relative Petition, with USCIS, seeking to have USCIS grant Ying Lin derivative asylee status.
What the suit asked for Not recorded Read by a model
Kind of order A ruling on a motion or the petition Read by a model
Defendants’ Motion to Dismiss, (Doc. No. 28), is GRANTED, and Plaintiff’s action is dismissed as to all Defendants.
Motion decided Motion to dismiss for lack of jurisdiction Read by a model
On February 10, 2022, Defendants filed a Motion to Dismiss Plaintiffs’ Complaint pursuant to Federal Rule of Civil Procedure 12(b)(1), contending that this Court lacks subject matter jurisdiction over the claims alleged.
Whose motion The government's motion Read by a model
On February 10, 2022, Defendants filed a Motion to Dismiss Plaintiffs’ Complaint pursuant to Federal Rule of Civil Procedure 12(b)(1), contending that this Court lacks subject matter jurisdiction over the claims alleged.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
For the reasons stated herein, Plaintiffs’ action is dismissed.
Prevailing party Government Read by a model
Defendants’ Motion to Dismiss, (Doc. No. 28), is GRANTED, and Plaintiff’s action is dismissed as to all Defendants.
The other claims Dismissed Read by a model
For the reasons stated herein, Plaintiffs’ action is dismissed.
Months pending 34.8 months from the application to the agency's action Read by a model
USCIS denied the I-730 petition on October 24, 2019, as a matter of discretion.
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 INA, however, precludes judicial review of the agency’s discretionary determination regarding whether to grant derivative asylum status to a spouse. See INA § 242(a)(2)(B)(ii), 8 U.S.C. § 1252(a)(2)(B)(ii).

How the case ended

Docket
No. 3:21-cv-00647
Filed
December 6, 2021
Ended
March 17, 2022
Suit's filing to its end
101 days
How it ended
Dismissed on jurisdiction or the merits
From the record
idb disp 6 (judgment: motion before trial), judgment for defendant

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 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 14, 2026. Check the current status before relying on one.