Passim

Mandamus decisions / Southern District of New York

Cheng v. Garland

Southern District of New YorkVernon S. BroderickDecided November 8, 2023

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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.

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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 Department of Justice Read by a model
Nothing in this section shall be construed as requiring the Attorney General to effect the removal of any alien sentenced to actual incarceration, before release from the penitentiary or correctional institution where such alien is confined.
Form or filing None named Read by a model
What the suit asked for Some other action Read by a model
immediately commence proceedings under 8 U.S.C. § 1228(a) and apply his good-time credits, which would purportedly provide for his early release and deportation.
Kind of order A ruling on a motion or the petition Read by a model
Accordingly, the Government’s motion to dismiss is GRANTED, and Cheng’s motion to strike is DENIED as moot.
Motion decided Motion to dismiss for failure to state a claim Read by a model
to dismiss the complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure
Whose motion Cross-motions Read by a model
Accordingly, the Government’s motion to dismiss is GRANTED, and Cheng’s motion to strike is DENIED as moot.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
Accordingly, the Government’s motion to dismiss is GRANTED, and Cheng’s motion to strike is DENIED as moot.
Prevailing party Government Read by a model
Accordingly, the Government’s motion to dismiss is GRANTED, and Cheng’s motion to strike is DENIED as moot.
The delay claim Dismissed Read by a model
Accordingly, the Government’s motion to dismiss is GRANTED, and Cheng’s motion to strike is DENIED as moot.
Months pending Not stated Read by a model
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

This decision is not linked to a docket in the docket record yet, so how the case ended is not shown.

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 14, 2026. Check the current status before relying on one.