Mandamus decisions / Eastern District of Virginia
Qasimyar v. Mayorkas
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
USCIS therefore retains discretion under both the statute and regulations to make decisions regarding parole applications. |
|---|---|
| Form or filing |
I-131 (travel document)
Read by a model
She filed two Form I- 131 petitions on behalf of her sisters who reside in Afghanistan. |
| What the suit asked for |
Some other action
Read by a model
Plaintiff Mubina Qasimyar seeks to compel the adjudication of her petitions seeking humanitarian parole on behalf of her sisters. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
For that reason, and the reasons that follow, this Court will GRANT Defendants’ Motion to Dismiss and DISMISS Plaintiff’s complaint. |
| Motion decided |
Motion to dismiss for lack of jurisdiction
Read by a model
Defendants’ Motion to Dismiss for Lack of Jurisdiction, ECF 8, is GRANTED |
| Whose motion |
The government's motion
Read by a model
This matter comes before the Court on Defendants’ Motion to Dismiss for Lack of Jurisdiction (ECF 8). |
| Disposition |
Dismissed
The case or every delay claim was dismissed for a reason other than mootness.
Read by a model
all claims against Defendants in Plaintiff’s complaint are DISMISSED. |
| Prevailing party |
Government
Read by a model
all claims against Defendants in Plaintiff’s complaint are DISMISSED. |
| The delay claim |
Dismissed
Read by a model
it is further ORDERED that all claims against Defendants in Plaintiff’s complaint are DISMISSED. |
| Months pending |
32.9 months from the application to the suit; 38.9 months from the application to the court's decision
Read by a model
Despite Plaintiff communicating with USCIS regarding the applications, they have remained pending since March of 2022. |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings | None Read by a model |
How the case ended
- Docket
- No. 1:24-cv-02244
- Filed
- December 11, 2024
- Ended
- June 10, 2025
- Suit's filing to its end
- 181 days
- How it ended
- Dismissed, ground not recorded
- From the record
- idb disp 14 (dismissed: other)
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 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.
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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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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).
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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.