Mandamus decisions / Northern District of Texas
Hernandez Macias v. Jaddou
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
Because USCIS has discretion over whom and when to grant and deny U visas and for the reasons stated previously, the court does not have jurisdiction. |
|---|---|
| Form or filing |
I-918 (U visa)
Read by a model
At various times, each of the fifty-one Plaintiffs or their relative assisted law enforcement in some way and completed a U visa application. |
| What the suit asked for |
Some other action
Read by a model
(4) issue a writ of Mandamus directing Defendant to determine whether to grant each Plaintiff U visa interim benefits; |
| Kind of order |
A ruling on a motion or the petition
Read by a model
For the reasons herein explained, the Motion is granted, and this action is dismissed without prejudice. |
| Motion decided |
Motion to dismiss for lack of jurisdiction
Read by a model
The court, therefore, grants Defendant Ur. Jaddou’s Motion to Dismiss or, Alternatively, Motion to Sever and Dismiss (Doc. 10) and dismisses without prejudice this action for lack of subject matter jurisdiction. |
| Whose motion |
The government's motion
Read by a model
Before the court is Defendant Ur Jaddou’s (“Defendant” or “Director Jaddou”) Motion to Dismiss or, Alternatively, Motion to Sever and Dismiss (“Motion”) (Doc. 10), filed on August 20, 2024. |
| Disposition |
Dismissed
The case or every delay claim was dismissed for a reason other than mootness.
Read by a model
The court, therefore, grants Defendant Ur. Jaddou’s Motion to Dismiss or, Alternatively, Motion to Sever and Dismiss (Doc. 10) and dismisses without prejudice this action for lack of subject matter jurisdiction. |
| Prevailing party |
Government
Read by a model
For the reasons herein explained, the Motion is granted, and this action is dismissed without prejudice. |
| The delay claim |
Dismissed
Read by a model
The court, therefore, grants Defendant Ur. Jaddou’s Motion to Dismiss or, Alternatively, Motion to Sever and Dismiss (Doc. 10) and dismisses without prejudice this action for lack of subject matter jurisdiction. |
| The other claims |
Dismissed
Read by a model
The court, therefore, grants Defendant Ur. Jaddou’s Motion to Dismiss or, Alternatively, Motion to Sever and Dismiss (Doc. 10) and dismisses without prejudice this action for lack of subject matter jurisdiction. |
| Months pending | Not stated Read by a model |
| 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
As previously stated, 8 U.S.C. § 1252(a)(2)(B)(ii) precludes judicial review and strips this court of jurisdiction. |
| U visa claims |
Bona fide determination: dismissed under 1252(a)(2)(b); Work permit: dismissed under 1252(a)(2)(b); Waiting list: dismissed under 1252(a)(2)(b)
Read by a model
As previously stated, 8 U.S.C. § 1252(a)(2)(B)(ii) precludes judicial review and strips this court of jurisdiction. |
How the case ended
- Docket
- No. 3:24-cv-00724
- Filed
- March 26, 2024
- Ended
- February 26, 2025
- Suit's filing to its end
- 337 days
- How it ended
- Dismissed on jurisdiction or the merits
- From the record
- order 2025-02-26 dismisses for want of jurisdiction; idb disp 6 (judgment: motion before trial), judgment for unknown
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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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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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.