Mandamus decisions / District of Maryland
Etape v. Chertoff
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.
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
Plaintiff filed an application for naturalization with the Washington, D.C., District Office of the Bureau of Citizenship and Immigration Service, United States Department of Homeland Security ("CIS") on April 2, 2003. |
|---|---|
| Form or filing |
N-400 (naturalization)
Read by a model
Plaintiff filed an application for naturalization with the Washington, D.C., District Office of the Bureau of Citizenship and Immigration Service, United States Department of Homeland Security ("CIS") on April 2, 2003. |
| What the suit asked for |
Naturalization hearing or remand (1447(b))
Read by a model
Plaintiff requests that after an evidentiary hearing to determine his eligibility, the court approve his application, or alternatively, that the court remand the application to CIS with instructions to approve. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
For the foregoing reasons, Defendant's motion to dismiss will be granted. |
| Motion decided |
Motion to dismiss for lack of jurisdiction
Read by a model
Defendant then moved to dismiss the complaint, or alternatively for summary judgment, pursuant to Fed. R.Civ.P. 12(b)(1), 12(b)(6), and 56. |
| Whose motion |
The government's motion
Read by a model
Defendant then moved to dismiss the complaint, or alternatively for summary judgment, pursuant to Fed. R.Civ.P. 12(b)(1), 12(b)(6), and 56. |
| Disposition |
Dismissed as moot
Dismissed or denied as moot because the agency acted.
Read by a model
Once CIS made a decision, however, Plaintiff's case became moot, and this court was without jurisdiction over the claim. |
| Prevailing party |
Neither side
Read by a model
Once CIS made a decision, however, Plaintiff's case became moot, and this court was without jurisdiction over the claim. |
| The delay claim |
Moot: the agency acted
Read by a model
Once CIS made a decision, however, Plaintiff's case became moot, and this court was without jurisdiction over the claim. |
| Months pending |
25.7 months from the application to the suit; 30.6 months from the application to the agency's action
A section 1447(b) suit: these months run from the naturalization application. The statute's 120 days run from the interview, which they do not measure.
Read by a model
On October 18, 2005, while Plaintiff's complaint was pending, CIS denied Plaintiff's naturalization application because of a lack of good moral character. |
| Months since the naturalization interview |
25.3 months from the interview (2003-09-09)
Read by a model
On September 9, 2003, Plaintiff appeared for his initial interview at the CIS District Office in Baltimore, Maryland. |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings |
Held moot
Read by a model
Once CIS made a decision, however, Plaintiff's case became moot, and this court was without jurisdiction over the claim. |
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 |
|---|---|---|---|
| Etape v. ChertoffThis decision | August 15, 2006 | Chasanow | Dismissed as moot |
| Etape v. NapolitanoThe case's latest decision: its outcome is the one counted | September 15, 2009 | Deborah K. Chasanow | Granted in the government's favor |
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 Fourth 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.
-
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
-
Etape v. Chertoff, 497 F.3d 379
Fourth Circuit, August 2, 2007. Filing under § 1447(b) vests exclusive jurisdiction over the naturalization application in the district court, so USCIS may not decide it unless the court remands.
ImmCite: treatment available, history exists, not clearance
-
Dubon v. Jaddou, 109 F.4th 307
Fourth Circuit, July 29, 2024. Whether to decide a § 1447(b) application or remand it to USCIS is within the district court's discretion, and a remand order is not an appealable collateral order.
ImmCite: treatment available, history exists, not clearance. ImmCite has read all 3 published decisions citing this case, as of 2026-10-29; none treats it adversely. That describes those decisions; it is not a determination that the case is good law.
-
Gonzalez v. Cuccinelli, 985 F.3d 357
Fourth Circuit, January 14, 2021. Courts may review delay in placing U-visa petitioners on the waitlist under the TRAC factors and should not dismiss such claims at the pleading stage, but lack jurisdiction over delay in pre-waitlist work-permit requests, a point on which the Sixth Circuit disagrees.
ImmCite: caution, adverse or limiting treatment found. Rejected in the Sixth Circuit by Barrios Garcia v. U.S. Department of Homeland Security, 25 F.4th 430 (2022).
-
Lovo v. Miller, 107 F.4th 199
Fourth Circuit, July 3, 2024. The 'decision or action' language of § 1182(a)(9)(B)(v), which the court treated as coextensive with § 1252(a)(2)(B)(ii), does not reach USCIS inaction, so a district court may hear a claim that USCIS unreasonably delayed a provisional unlawful-presence waiver.
ImmCite: treatment available, history exists, not clearance. ImmCite has read all 5 published decisions citing this case, as of 2026-10-29; none treats it adversely. That describes those decisions; it is not a determination that the case is good law.