Mandamus decisions / Southern District of Ohio
Gulenga v. Field Office Director, US Citizenship and Immigration Services
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 |
USCIS
Read by a model
Following the termination of the removal proceedings, USCIS denied Gulenga’s request for adjustment of status because USCIS concluded that she lacked a lawful immigration status when she filed her I-485 form. |
|---|---|
| Form or filing |
I-290B; I-485 (adjustment of status)
Read by a model
The Complaint claims USCIS’s decisions to deny her request for an adjustment of status via her filed Form I-485 and to affirm its decision upon reconsideration after she filed her Form I-290B violated: |
| What the suit asked for | Not recorded Read by a model |
| Kind of order |
A ruling on a motion or the petition
Read by a model
The Court thus DISMISSES Gulenga’s Complaint (Doc. 9) WITHOUT PREJUDICE for lack of jurisdiction. |
| Motion decided |
Motion to dismiss for lack of jurisdiction
Read by a model
Accordingly, the Court grants the Motion to Dismiss for lack of jurisdiction under Rule 12(b)(1) and dismisses the case without prejudice. |
| Whose motion |
The government's motion
Read by a model
the Court GRANTS Defendants’ Motion to Dismiss (Doc. 21) |
| Disposition |
Dismissed
The case or every delay claim was dismissed for a reason other than mootness.
Read by a model
Accordingly, the Court grants the Motion to Dismiss for lack of jurisdiction under Rule 12(b)(1) and dismisses the case without prejudice. |
| Prevailing party |
Government
Read by a model
The Court thus DISMISSES Gulenga’s Complaint (Doc. 9) WITHOUT PREJUDICE for lack of jurisdiction. |
| The other claims |
Dismissed
Read by a model
The Court thus DISMISSES Gulenga’s Complaint (Doc. 9) WITHOUT PREJUDICE for lack of jurisdiction. |
| Months pending |
35.7 months from the application to the court's decision
Read by a model
While those proceedings were still pending, relying on USCIS’s approval of her father’s petition, Gulenga filed a Form I-485 on February 1, 2021. |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings |
Section 1252(a)(2)(B) bar applied
Read by a model
This Court will follow suit and hold that subparagraph (B) applies to the decision at issue here. |
| Nationality |
Democratic Republic of Congo
Read by a model
Plaintiff Gloria Gisanga Gulenga is a citizen of the Democratic Republic of Congo currently living in this country. |
How the case ended
- Docket
- No. 1:23-cv-00213
- Filed
- April 19, 2023
- Ended
- January 23, 2024
- Suit's filing to its end
- 279 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 Sixth 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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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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Barrios Garcia v. U.S. Department of Homeland Security, 25 F.4th 430
Sixth Circuit, February 10, 2022. Courts may review and compel unreasonably delayed U-visa waitlist placement and bona fide determinations under TRAC, though not discretionary pre-waitlist work authorization, disagreeing in part with the Fourth Circuit's Gonzalez.
ImmCite: unchecked, treatment not confirmed yet, not evidence either way. No verified adverse treatment has been found so far. All 2 precedential decisions citing this case have been reviewed as of 2026-11-13.