Mandamus decisions / Southern District of New York
Doherty v. Thompson
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
Before the hearing was held, CIS approved plaintiff's naturalization application and scheduled a ceremony for her to be sworn in as a United States citizen. |
|---|---|
| Form or filing |
N-400 (naturalization)
Read by a model
As detailed in the complaint, plaintiff applied for naturalization in February 2004. |
| What the suit asked for |
Naturalization hearing or remand (1447(b))
Read by a model
Understandably frustrated with progress on the administrative front, plaintiff requested, pursuant to § 1447(b), that the Court conduct a hearing on her naturalization application. |
| Kind of order |
An order on fees
Read by a model
Plaintiff's motion for attorney's fees and costs [28] is denied. |
| Motion decided |
Fees under EAJA
Read by a model
Plaintiff's motion for attorney's fees and costs [28] is denied. |
| Whose motion |
The plaintiff's motion
Read by a model
Plaintiff's motion for attorney's fees and costs [28] is denied. |
| 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
Plaintiff's motion for attorney's fees and costs [28] is denied. |
| Prevailing party |
Government
Read by a model
Plaintiff's motion for attorney's fees and costs [28] is denied. |
| The delay claim |
Moot: the agency acted
Read by a model
Rather, plaintiff's claim was mooted by administrative action, depriving the Court of subject matter jurisdiction. |
| Months pending |
25.4 months from the application to the suit
The agency acted before this decision, so the months up to the decision are not a delay and are not shown.
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
As detailed in the complaint, plaintiff applied for naturalization in February 2004. |
| Months since the naturalization interview |
57.3 months from the interview (2004-06)
Read by a model
Plaintiff was subsequently examined by CIS in June 2004 |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings |
Held moot
Read by a model
Rather, plaintiff's claim was mooted by administrative action, depriving the Court of subject matter jurisdiction. |
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.
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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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Ajlani v. Chertoff, 545 F.3d 229
Second Circuit, October 7, 2008. A district court may not grant naturalization under § 1447(b) while removal proceedings are pending against the applicant, because § 1429 gives removal priority.
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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Bustamante v. Napolitano, 582 F.3d 403
Second Circuit, September 28, 2009. Once an applicant files under § 1447(b), the district court has exclusive jurisdiction over the naturalization application until it decides the matter or remands, and USCIS may not act on it meanwhile.
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.