Mandamus decisions / Eastern District of Pennsylvania
PATEL v. BARR
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 |
EOIR
Read by a model
The BIA has not yet ruled on the motions. |
|---|---|
| Form or filing | None named Read by a model |
| What the suit asked for |
Some other action
Read by a model
Patel has come to this Court seeking an order compelling the BIA to rule on the two motions. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
For the foregoing reasons, Defendants’ Motion to Dismiss will be denied. |
| Motion decided |
Motion to dismiss for lack of jurisdiction; Preliminary injunction or TRO; Transfer
Read by a model
Defendants filed a response to Patel’s Emergency Motion, as well a Motion to Dismiss for lack of subject matter jurisdiction or, in the alternative, to transfer this matter |
| Whose motion |
Cross-motions
Read by a model
On Saturday, August 8, 2020, Defendants filed a response to Patel’s Emergency Motion, as well a Motion to Dismiss for lack of subject matter jurisdiction |
| Disposition |
Government's motion denied; the case goes on
The government's motion (to dismiss, or for summary judgment) was denied, so the case goes on. Counted as the applicant's ruling; a later decision in the case can still go either way.
Read by a model
For the foregoing reasons, Defendants’ Motion to Dismiss will be denied. |
| Prevailing party |
Applicant
Read by a model
For the foregoing reasons, Defendants’ Motion to Dismiss will be denied. |
| The delay claim |
The delay claim goes on
Read by a model
For the foregoing reasons, Defendants’ Motion to Dismiss will be denied. |
| Months pending |
2.1 months from the application to the suit; 2.3 months from the application to the court's decision
Read by a model
On June 4, 2020, through new counsel, Patel filed a motion to reopen and a motion to reconsider with the BIA. |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings | None Read by a model |
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. How decisions are grouped into cases.
| Decision | Decided | Judge | Disposition |
|---|---|---|---|
| PATEL v. BARRThis decision | August 13, 2020 | R. Barclay Surrick | Government's motion denied; the case goes on |
| PATEL v. BARRThe case's latest decision: its outcome is the one counted | November 24, 2020 | R. Barclay Surrick | Government's motion denied; the case goes on |
How the case ended
- Docket
- No. 2:20-cv-03856
- Filed
- August 7, 2020
- Ended
- December 21, 2020
- Suit's filing to its end
- 136 days
- How it ended
- Ended once the agency acted
- From the record
- idb disp 12 (dismissed: voluntarily)
A voluntary or stipulated dismissal is how most suits end once the agency acts; the docket rarely says why.
Supreme Court and Third 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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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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Oil, Chemical & Atomic Workers Union v. OSHA, 145 F.3d 120
Third Circuit, March 16, 1998. The Third Circuit weighs the TRAC factors in deciding whether to compel agency action that has been unreasonably delayed.
ImmCite: treatment available, history exists, not clearance. ImmCite has read the one published decision citing this case, as of 2026-11-03; it does not treat the case adversely. That describes that decision; it is not a determination that the case is good law.
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Geda v. Director, USCIS, 126 F.4th 835
Third Circuit, January 23, 2025. Section 1255(a) commits both the adjustment decision and the process and pace for reaching it to the Secretary's discretion, so § 1252(a)(2)(B)(ii) strips district courts of jurisdiction over challenges to USCIS's adjudication hold policy and § 1252(a)(2)(D) does not restore it.
ImmCite: treatment available, history exists, not clearance