Passim

Mandamus decisions / Eastern District of New York

Gong v. Duke

Eastern District of New YorkCoganDecided October 17, 2017

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.

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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
The United States Customs and Immigrations Service concluded that plaintiff obtained asylum through the fraudulent conduct of his lawyer.
Form or filing I-485 (adjustment of status); I-730 (refugee or asylee relative petition) Read by a model
on November 14, 2014, plaintiff filed an I-485 application to adjust his status to permanent resident.
What the suit asked for Decide the application Read by a model
to adjudicate his own application for an adjustment of his immigration status to permanent resident and his wife's and daughter's derivative applications for asylee status.
Kind of order A ruling on a motion or the petition Read by a model
Defendants' motion to dismiss is granted.
Motion decided Other motion to dismiss Read by a model
Defendants' motion to dismiss is granted.
Whose motion The government's motion Read by a model
Before me is defendants' motion to dismiss.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
Defendants' motion to dismiss is granted. The Clerk is directed to enter judgment dismissing the complaint.
Prevailing party Government Read by a model
Defendants' motion to dismiss is granted. The Clerk is directed to enter judgment dismissing the complaint.
The delay claim Dismissed Read by a model
Defendants' motion to dismiss is granted. The Clerk is directed to enter judgment dismissing the complaint.
Months pending 35.1 months from the application to the court's decision Read by a model
on November 14, 2014, plaintiff filed an I-485 application to adjust his status to permanent resident.
TRAC factors The court weighed the TRAC factors
  • 1. Rule of reasonfavors the government
  • 2. Congressional timetablenot reached
  • 3. Human health and welfarenot reached
  • 4. Competing prioritiesfavors the government
  • 5. Interests prejudicednot reached
  • 6. No impropriety needednot reached
Read by a model
the mere delay of less than four years is an inadequate ground to grant either mandamus or APA relief.
The government's delay arguments Line-jumping accepted Read by a model
to grant him priority is to push them further back in line when the only difference between them is that plaintiff has brought a federal lawsuit. That factor should not give him any advantage.
Threshold rulings None Read by a model

How the case ended

This decision is not linked to a docket in the docket record yet, so how the case ended is not shown.

Supreme Court and Second 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.