Passim

Mandamus decisions / Eastern District of New York

Liu v. United States Citizenship and Immigration Services

Eastern District of New YorkRachel P. KovnerDecided October 7, 2024No. 1:23-cv-02065

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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
Pro se plaintiff Jiaxu Liu commenced this action seeking to compel the United States Citizenship and Immigration Services (“USCIS”) to adjudicate her I-589 application for asylum and for withholding of removal.
Form or filing I-589 (asylum) Read by a model
In October 2020, plaintiff filed a Form I-589 Application for Asylum and for Withholding of Removal with USCIS.
What the suit asked for Decide the asylum application Read by a model
Pro se plaintiff Jiaxu Liu commenced this action seeking to compel the United States Citizenship and Immigration Services (“USCIS”) to adjudicate her I-589 application for asylum and for withholding of removal.
Kind of order A ruling on a motion or the petition Read by a model
For the reasons set forth below, the motion to dismiss is granted.
Motion decided Motion to dismiss for failure to state a claim Read by a model
Defendant’s motion to dismiss is granted because plaintiff has not plausibly alleged a claim for relief under the APA or under the mandamus statute.
Whose motion The government's motion Read by a model
Defendant has moved to dismiss plaintiff’s complaint under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6).
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
For the foregoing reasons, defendant’s motion to dismiss is granted, and the complaint is dismissed.
Prevailing party Government Read by a model
For the foregoing reasons, defendant’s motion to dismiss is granted, and the complaint is dismissed.
The delay claim Dismissed Read by a model
Defendant’s motion to dismiss is granted because plaintiff has not plausibly alleged a claim for relief under the APA or under the mandamus statute.
Months pending 28.9 months from the application to the suit; 47.7 months from the application to the court's decision Read by a model
In October 2020, plaintiff filed a Form I-589 Application for Asylum and for Withholding of Removal with USCIS.
TRAC factors The court weighed the TRAC factors
  • 1. Rule of reasonfavors the government
  • 2. Congressional timetablefavors the government
  • 3. Human health and welfarefavors the government
  • 4. Competing prioritiesfavors the government
  • 5. Interests prejudicedfavors the government
  • 6. No impropriety needednot reached
Read by a model
Defendant’s decision to adjudicate asylum applications on a LIFO basis constitutes a rule of reason.
The government's delay arguments First-in, first-out processing accepted; Line-jumping accepted Read by a model
Defendant’s decision to adjudicate asylum applications on a LIFO basis constitutes a rule of reason.
Threshold rulings APA adequate-remedy bar applied (mandamus claim fails) Read by a model
Insofar as plaintiff is seeking to vindicate her right to timely agency action under the APA, her claim cannot be brought through mandamus because the APA provides a mechanism to vindicate the rights it secures.

How the case ended

Docket
No. 1:23-cv-02065
Filed
March 16, 2023
Ended
October 8, 2024
Suit's filing to its end
572 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 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.