Passim

Mandamus decisions / Southern District of Texas

Ayana v. US Department of Homeland Security

Southern District of TexasLee H RosenthalDecided December 27, 2023No. 4:23-cv-02937

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 court agrees that it lacks the authority to order the USCIS to push Ayana’s application ahead of others.
Form or filing I-589 (asylum) Read by a model
his Form I-589 application for asylum and withholding of removal.
What the suit asked for Decide the asylum application Read by a model
to compel the United States Citizenship and Immigration Services to complete the interview and adjudication of his Form I-589 application for asylum and withholding of removal.
Kind of order A ruling on a motion or the petition Read by a model
The motion to dismiss, or for summary judgment, is granted.
Motion decided Motion to dismiss for lack of jurisdiction; Summary judgment Read by a model
The motion to dismiss, or for summary judgment, is granted. (Docket Entry No. 15). The case is dismissed for lack of jurisdiction.
Whose motion The government's motion Read by a model
The USCIS moves to dismiss for lack of subject-matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1) and for failure to state a claim under Rule 12(b)(6).
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
The case is dismissed for lack of jurisdiction.
Prevailing party Government Read by a model
The motion to dismiss, or for summary judgment, is granted. (Docket Entry No. 15). The case is dismissed for lack of jurisdiction.
The delay claim Dismissed Read by a model
The case is dismissed for lack of jurisdiction.
Months pending 53.9 months from the application to the court's decision Read by a model
Since 2019, he has diligently sought and obtained permission for himself and family members to remain and work in this country while he seeks asylum. He has been waiting for a hearing and decision on his asylum application since then.
TRAC factors The court did not weigh the TRAC factors Read by a model
The government's delay arguments Line-jumping accepted Read by a model
To give him an accelerated place in line would add to the wait another would endure.
Threshold rulings None Read by a model
Nationality Turkey Read by a model
Cihan Ayana, a citizen of Turkey, came to the United States in 2018 on a diplomatic visa.

How the case ended

Docket
No. 4:23-cv-02937
Filed
August 10, 2023
Ended
December 27, 2023
Suit's filing to its end
139 days
How it ended
Dismissed on jurisdiction or the merits
From the record
idb disp 3 (dismissed: lack of jurisdiction)

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.