Mandamus decisions / District of Columbia
Nio v. United States Department of Homeland Security
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
Again, plaintiffs are only challenging the application of standardized policies that generally apply to the class: (1) Can USCIS hold applications pending the outcome of DOD’s screening? |
|---|---|
| Form or filing |
N-400 (naturalization)
Read by a model
have submitted N-400 Applications for Naturalization to USCIS |
| What the suit asked for |
Some other action
Read by a model
Again, plaintiffs are only challenging the application of standardized policies that generally apply to the class: (1) Can USCIS hold applications pending the outcome of DOD’s screening? and (2) Can DOD rescind N-426s based on its October 13th Guidance? |
| Kind of order |
A ruling on a motion or the petition
Read by a model
For the reasons stated above the Court grants plaintiffs’ amended motion for class certification and appointment of class counsel as further detailed in the Court’s accompanying Order, ECF No. 72. |
| Motion decided | None Read by a model |
| Whose motion |
The plaintiff's motion
Read by a model
Before the Court is plaintiffs’ amended motion for class certification. |
| Disposition |
Granted in the applicant's favor
The principal motion was granted in full: summary judgment for either side, an injunction or TRO, a writ or order to act, fees. A motion to dismiss granted in full counts as Dismissed; a transfer is listed apart.
Read by a model
For the reasons stated above the Court grants plaintiffs’ amended motion for class certification and appointment of class counsel as further detailed in the Court’s accompanying Order, ECF No. 72. |
| Prevailing party |
Applicant
Read by a model
For the reasons stated above the Court grants plaintiffs’ amended motion for class certification and appointment of class counsel as further detailed in the Court’s accompanying Order, ECF No. 72. |
| The delay claim |
Not decided here
Read by a model
For the reasons stated herein, the motion is granted with a modified class definition. |
| The other claims |
Not decided here
Read by a model
For the reasons stated herein, the motion is granted with a modified class definition. |
| Months pending | Not stated Read by a model |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings |
Mootness argument rejected
Read by a model
Two of the named plaintiffs have been naturalized, but that does not render the claims of the class moot. |
Other orders in this case
The group holds 3 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 |
|---|---|---|---|
| Nio v. United States Department of Homeland SecurityThis decision | October 27, 2017 | Ellen S. Huvelle | Granted in the applicant's favor |
| Nio v. United States Department of Homeland Security | July 16, 2018 | Robin M. Meriweather | Discovery or record order |
| Nio v. United States Department of Homeland SecurityThe case's latest decision: its outcome is the one counted | May 22, 2019 | Ellen S. Huvelle | Granted in part |
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 D.C. 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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Telecommunications Research & Action Center v. FCC, 750 F.2d 70
D.C. Circuit, October 24, 1984. Whether agency delay is unreasonable turns on six factors: a rule of reason, any statutory timetable, the human welfare interests at stake, the effect of expediting on competing priorities, the interests prejudiced by delay, and no need to find impropriety.
ImmCite: treatment available, history exists, not clearance
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Mashpee Wampanoag Tribal Council, Inc. v. Norton, 336 F.3d 1094
D.C. Circuit, August 8, 2003. A claim that an agency has unreasonably delayed a matter arises under the APA and § 1331, and the TRAC factors decide whether the delay is unreasonable.
ImmCite: treatment available, history exists, not clearance
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In re Core Communications, Inc., 531 F.3d 849
D.C. Circuit, July 8, 2008. Mandamus to compel unreasonably delayed agency action is an extraordinary remedy guided by the TRAC factors, granted here after years of unexplained delay.
ImmCite: treatment available, history exists, not clearance
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Da Costa v. Immigration Investor Program Office, 80 F.4th 330
D.C. Circuit, August 18, 2023. EB-5 petition delays of roughly four years were not unreasonable under TRAC where USCIS adjudicates in a rule-of-reason order and expediting the plaintiffs would only move them ahead of others in the queue.
ImmCite: treatment available, history exists, not clearance
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American Hospital Ass'n v. Burwell, 812 F.3d 183
D.C. Circuit, February 9, 2016. A delay claim under the Mandamus Act requires a clear duty, a clear right and no adequate alternative remedy, and the TRAC factors then decide whether the delay warrants relief, with a statutory deadline weighing heavily.
ImmCite: treatment available, history exists, not clearance
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Afghan and Iraqi Allies v. Blinken, 103 F.4th 807
D.C. Circuit, June 7, 2024. TRAC governs visa-processing delay claims in district court, a court that finds unreasonable delay may set adjudication deadlines, and expediting a whole class in queue order is not line-jumping.
ImmCite: unchecked, treatment not confirmed yet, not evidence either way. ImmCite has found no published decision citing this case as of 2026-10-28; it checks for new citing decisions daily. That is not a determination that the case is good law. The citation index lists 49 other decisions citing it, none a Supreme Court, BIA or Attorney General precedent or a published circuit opinion; ImmCite's status does not review them.