Mandamus decisions / Western District of Texas
Mathenge v. Department of Homeland Security
Read the decisionOriginal on CourtListener
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.
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 alleged that the United States Citizenship and Immigration Services (“USCIS” or “Defendant”) delayed his application and accordingly brought suit for violation of due process, the Immigration and Nationality Act, and the Administrative Procedure Act. |
|---|---|
| Form or filing |
N-400 (naturalization)
Read by a model
Plaintiff waited a year and reapplied for naturalization in July 2017. |
| What the suit asked for |
Decide the application
Read by a model
adjudicate his application “on or before thirty (30) days from the filing of this Complaint, or within such a reasonable period [of] time as is determined by this Court.” |
| Kind of order |
An order on fees
Read by a model
ORDER ON MOTION FOR ATTORNEYS’ FEES UNDER THE EAJA |
| Motion decided |
Fees under EAJA
Read by a model
For the foregoing reasons, Plaintiff's motion for attorney’s fees pursuant to the EAJA (docket no. 36) is DENIED. |
| Whose motion |
The plaintiff's motion
Read by a model
On this date, the Court considered Plaintiff’s Motion for Costs and Attorney’s Fees Pursuant to the Equal Justice to Access Act (“EAJA”) (docket no. 36) |
| Disposition |
Attorney's fees
An order on attorney's fees or costs after the case, counted for the side that won the fee motion.
Read by a model
ORDER ON MOTION FOR ATTORNEYS’ FEES UNDER THE EAJA |
| Prevailing party |
Government
Read by a model
ORDER ON MOTION FOR ATTORNEYS’ FEES UNDER THE EAJA |
| The delay claim |
Not decided here
Read by a model
For the foregoing reasons, Plaintiff's motion for attorney’s fees pursuant to the EAJA (docket no. 36) is DENIED. |
| The other claims |
Not decided here
Read by a model
For the foregoing reasons, Plaintiff's motion for attorney’s fees pursuant to the EAJA (docket no. 36) is DENIED. |
| Months pending |
24.6 months from the application to the agency's action
Read by a model
On August 7, 2019, Defendant filed an advisory to this Court, indicating that Defendant conducted its interview of Plaintiff on August 2 and immediately thereafter conducted an oath ceremony and naturalized Plaintiff. |
| Months since the naturalization interview |
0 months from the interview (2019-08-02)
Read by a model
On August 7, 2019, Defendant filed an advisory to this Court, indicating that Defendant conducted its interview of Plaintiff on August 2 and immediately thereafter conducted an oath ceremony and naturalized Plaintiff. |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings | None Read by a model |
| Nationality |
Kenya
Read by a model
Peter Mathenge (“Plaintiff”), formerly a Kenyan citizen and now a naturalized American serving in the U.S. Army |
How the case ended
- Docket
- No. 5:18-cv-00788
- Filed
- August 1, 2018
- Ended
- August 28, 2019
- Suit's filing to its end
- 392 days
- How it ended
- Ended once the agency acted
- From the record
- idb disp 12 (dismissed: voluntarily)
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 Fifth 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.
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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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Walji v. Gonzales, 500 F.3d 432
Fifth Circuit, September 14, 2007. The 120-day period in § 1447(b) runs from the applicant's initial naturalization interview, not from completion of the FBI background check.
ImmCite: treatment available, history exists, not clearance. ImmCite has read all 2 published decisions citing this case, as of 2026-11-13; none treats it adversely. That describes those decisions; it is not a determination that the case is good law.
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Saba-Bakare v. Chertoff, 507 F.3d 337
Fifth Circuit, November 5, 2007. Section 1429 bars district-court naturalization relief under § 1447(b) while removal proceedings are pending.
ImmCite: caution, adverse or limiting treatment found. Rejected in the Third Circuit by Gonzalez v. Secretary of Department of HomeLand Security, 678 F.3d 254 (2012).
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Cheejati v. Blinken, 106 F.4th 388
Fifth Circuit, July 5, 2024. The pace at which USCIS adjudicates adjustment applications during visa retrogression is a discretionary action under § 1255(a) that § 1252(a)(2)(B)(ii) shields from review, agreeing with the Eighth Circuit's Thigulla.
ImmCite: treatment available, history exists, not clearance. ImmCite has read all 7 published decisions citing this case, as of 2026-11-13; none treats it adversely. That describes those decisions; it is not a determination that the case is good law.
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Mendoza-Tarango v. Flores, 982 F.3d 395
Fifth Circuit, December 8, 2020. A § 706(1) or mandamus claim requires a discrete, legally required action, and USCIS had no nondiscretionary duty to administer the naturalization oath at a prison.
ImmCite: unchecked, treatment not confirmed yet, not evidence either way. ImmCite has found no published decision citing this case as of 2026-11-01; it checks for new citing decisions daily. That is not a determination that the case is good law. The citation index lists 7 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.