Mandamus decisions / District of Massachusetts
Abdi 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 | Not recorded Read by a model |
|---|---|
| Form or filing |
I-485 (adjustment of status)
Read by a model
Plaintiff's I-485 Application to Adjust Status. |
| What the suit asked for |
Decide the application
Read by a model
seeking to compel Defendants (collectively "the Government") to adjudicate Plaintiff's I-485 Application to Adjust Status. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
Defendants' Motion to Dismiss [# 10] is DENIED; (2) Plaintiffs Motion for Summary Judgment [# 12] is ALLOWED; |
| Motion decided |
Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim; Summary judgment
Read by a model
Defendants' Motion to Dismiss [# 10] is DENIED; (2) Plaintiffs Motion for Summary Judgment [# 12] is ALLOWED; |
| Whose motion |
Cross-motions
Read by a model
Defendants' Motion to Dismiss [# 10] is DENIED; (2) Plaintiffs Motion for Summary Judgment [# 12] is ALLOWED; |
| 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
Plaintiffs Motion for Summary Judgment [# 12] is ALLOWED; |
| Prevailing party |
Applicant
Read by a model
Defendants are hereby ordered to adjudicate Plaintiffs application for adjustment of status and render a decision by February 17, 2009. |
| The delay claim |
Relief ordered
Read by a model
Accordingly, Defendants are hereby ordered to adjudicate Plaintiffs application for adjustment of status and render a decision by February 17, 2009. |
| Months pending |
43.5 months from the application to the suit; 48.1 months from the application to the court's decision
Read by a model
Plaintiff, a Somalian asylee, filed the application on December 13, 2004, |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings |
Section 1252(a)(2)(B) bar rejected
Read by a model
There, Judge Gertner held that the jurisdiction-stripping language in the INA only bars review of the "substance of an adjustment of status decision," leaving the "pacing of such a decision" subject to judicial review. |
| Nationality |
Somalia
Read by a model
Plaintiff, a Somalian asylee, |
How the case ended
- Docket
- No. 1:08-cv-11302
- Filed
- July 30, 2008
- Ended
- March 12, 2009
- Suit's filing to its end
- 225 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.
Supreme Court and First 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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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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Patel v. Jaddou, 118 F.4th 475
First Circuit, October 16, 2024. Assuming statutory jurisdiction, § 1255(a) does not forbid USCIS from holding adjustment applications until a visa number is immediately available, so no § 706(1) claim lies against the abeyance policy; the Fourth Circuit rejects deciding the merits before the § 1252(a)(2)(B) question.
ImmCite: caution, adverse or limiting treatment found. Reasoning rejected in the Fourth Circuit by Lolakshi Kale v. Angelica Alfonso-Royals, 139 F.4th 329 (2025).
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Towns of Wellesley, Concord & Norwood v. FERC, 829 F.2d 275
First Circuit, September 25, 1987. The First Circuit applies the TRAC factors when asked to compel agency action that has been unreasonably delayed.
ImmCite: treatment available, history exists, not clearance