Mandamus decisions / District of Nebraska
Patel v. Director of United States Citizenship and Immigration Services
Read the decisionOriginal on CourtListener
2,914 written decisions from 2,661 cases in the whole mandamus and agency-delay group, the group's newest decided October 30, 2026. Updated November 3, 2026 at 1:24 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 1,606 public decisions since January 1, 2025 that a CourtListener and GovInfo search for mandamus and agency delay finds, Passim holds 1,371 (85%), measured November 3, 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
There has been no decision yet by USCIS on this benefit. |
|---|---|
| Form or filing |
I-918 (U visa)
Read by a model
Plaintiff filed an I-918, Petition for U Nonimmigrant Status, on or about October 9, 2024. |
| What the suit asked for |
Decide the application
Read by a model
Plaintiff further argues that Defendant “is required to make a waiting list determination with deferred action or conditional parole.” |
| Kind of order |
A ruling on a motion or the petition
Read by a model
THEREFORE, IT IS ORDERED THAT Plaintiff’s motion to reconsider, Filing No. 20, is granted in part and denied in part as set forth herein. |
| Motion decided | None Read by a model |
| Whose motion |
The plaintiff's motion
Read by a model
This matter is before the Court on Plaintiff’s motion for reconsideration, Filing No. 20, requesting that this Court reconsider its Memorandum and Order, Filing No. 18. |
| Disposition |
Granted in part
The principal motion was granted in part and denied in part.
Read by a model
THEREFORE, IT IS ORDERED THAT Plaintiff’s motion to reconsider, Filing No. 20, is granted in part and denied in part as set forth herein. |
| Prevailing party |
Each side in part
Read by a model
THEREFORE, IT IS ORDERED THAT Plaintiff’s motion to reconsider, Filing No. 20, is granted in part and denied in part as set forth herein. |
| The delay claim |
The delay claim goes on
Read by a model
In that regard, the Court will permit the Plaintiff to continue with this lawsuit as to Claims 2 and 3. |
| Months pending |
12.2 months from the application to the court's decision
Read by a model
Plaintiff filed an I-918, Petition for U Nonimmigrant Status, on or about October 9, 2024. |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings |
Section 1252(a)(2)(B) bar applied; Section 1252(a)(2)(B) bar rejected
Read by a model
Those limitations bar review of the plaintiffs’ unreasonable-delay claims under the circumstances of this case. |
| U visa claims |
Bona fide determination: dismissed under 1252(a)(2)(b); Waiting list: goes on
Read by a model
“Congress has sharply circumscribed judicial review of the discretionary-relief process” under §§ 1182 and 1252(a)(2)(B)(ii). Patel v. Garland, 596 U.S. 328, 332 (2022). Those limitations bar review of the plaintiffs’ unreasonable-delay claims under the circumstances of this case. |
Other orders in this case
The group holds 2 decisions from this suit, oldest first. Outcome counts on these pages count the case once, by its latest decision, this one. How decisions are grouped into cases.
| Decision | Decided | Judge | Disposition |
|---|---|---|---|
| Patel v. Director of United States Citizenship and Immigration Services | September 8, 2025 | Joseph F. Bataillon | Dismissed |
| Patel v. Director of United States Citizenship and Immigration ServicesThis decisionThe case's latest decision: its outcome is the one counted | October 15, 2025 | Joseph F. Bataillon | Granted in part |
How the case ended
- Docket
- No. 8:25-cv-00267
- Filed
- April 10, 2025
- Ended
- September 23, 2026
- Suit's filing to its end
- 343 days
- How it ended
- Ended, outcome not recorded
- From the record
- terminated; no disposition recorded
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 Eighth 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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Thigulla v. Jaddou, 94 F.4th 770
Eighth Circuit, March 5, 2024. Section 1252(a)(2)(B)(ii) and § 1255(a) bar review of USCIS's decision to delay adjudicating adjustment applications under its adjudication hold policy, so the district court lacked jurisdiction.
ImmCite: treatment available, history exists, not clearance
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Eighth Circuit, December 21, 2018. The Eighth Circuit applies the TRAC factors to a petition to compel delayed agency action.
ImmCite: unchecked, treatment not confirmed yet, not evidence either way. ImmCite has not finished reviewing this published circuit decision, so it shows no signal yet. Its review began with circuit decisions in immigration cases and is being extended to the other published circuit decisions that immigration precedent relies on. Read the decisions…