Mandamus decisions / Eastern District of Virginia
Manzoor v. Chertoff
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
This matter is REMANDED to CIS, and CIS is DIRECTED to make a decision on Manzoor's application for naturalization within 120 days of the date of this Memorandum Opinion and Order. |
|---|---|
| Form or filing |
N-400 (naturalization)
Read by a model
Plaintiff Nasir Manzoor ("Manzoor") filed this civil action seeking to expedite the adjudication of his naturalization application. |
| What the suit asked for |
Naturalization hearing or remand (1447(b))
Read by a model
On August 11, 2006, Manzoor filed a petition for a hearing on his naturalization application pursuant to 8 U.S.C. § 1447(b). |
| Kind of order |
A ruling on a motion or the petition
Read by a model
For the reasons set forth above, Defendants' motion to dismiss is DENIED. |
| Motion decided |
Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim; Remand under 1447(b)
Read by a model
Defendants filed the instant motion to dismiss, asking this court to dismiss this action for lack of subject matter jurisdiction pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure and for failing to state a claim upon which relief can be granted pursuant to Rule 12(b)(6). |
| Whose motion |
The government's motion
Read by a model
The matter is before the court on Defendants' motion to dismiss. |
| Disposition |
Remanded to the agency
Sent back to the agency, with or without instructions.
Read by a model
This matter is REMANDED to CIS, and CIS is DIRECTED to make a decision on Manzoor's application for naturalization within 120 days of the date of this Memorandum Opinion and Order. |
| Prevailing party |
Applicant
Read by a model
This matter is REMANDED to CIS, and CIS is DIRECTED to make a decision on Manzoor's application for naturalization within 120 days of the date of this Memorandum Opinion and Order. |
| The delay claim |
Remanded to the agency
Read by a model
This matter is REMANDED to CIS, and CIS is DIRECTED to make a decision on Manzoor's application for naturalization within 120 days of the date of this Memorandum Opinion and Order. |
| Months pending |
35.5 months from the application to the suit; 41.4 months from the application to the court's decision
A section 1447(b) suit: these months run from the naturalization application. The statute's 120 days run from the interview, which they do not measure.
Read by a model
Manzoor, a lawful permanent resident of the United States, filed an application for naturalization with the Nebraska Service Center of CIS on August 25, 2003. |
| Months since the naturalization interview |
36 months from the interview (2004-02-04)
Read by a model
On February 4, 2004, Manzoor, who then resided in Wichita, Kansas, was interviewed by CIS concerning the application at its Kansas City district office. |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| The government's delay arguments |
Line-jumping accepted
Read by a model
And the court has no desire to make the filing of a lawsuit a means for a naturalization applicant to "jump to the front of the line." |
| 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 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 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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Etape v. Chertoff, 497 F.3d 379
Fourth Circuit, August 2, 2007. Filing under § 1447(b) vests exclusive jurisdiction over the naturalization application in the district court, so USCIS may not decide it unless the court remands.
ImmCite: treatment available, history exists, not clearance. ImmCite has read all 14 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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Dubon v. Jaddou, 109 F.4th 307
Fourth Circuit, July 29, 2024. Whether to decide a § 1447(b) application or remand it to USCIS is within the district court's discretion, and a remand order is not an appealable collateral order.
ImmCite: treatment available, history exists, not clearance. ImmCite has read all 3 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.
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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 2026-11-07; none treats it adversely. That describes those decisions; it is not a determination that the case is good law.