Passim

Mandamus decisions / Eastern District of New York

Scott v. Napolitano

Eastern District of New YorkVitalianoDecided May 26, 2009No. 1:08-cv-02338

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.

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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 EOIR Read by a model
Scott seeks injunctive, mandamus, and declaratory relief, largely from a final order of removal entered by an immigration court ("IC") on August 24, 2005 (the "2005 final order").
Form or filing None named Read by a model
What the suit asked for Not recorded Read by a model
Kind of order A ruling on a motion or the petition Read by a model
Therefore, his motion for a preliminary injunction is denied and the motion of defendants to dismiss is granted in its entirety.
Motion decided Motion to dismiss for lack of jurisdiction; Preliminary injunction or TRO Read by a model
For the foregoing reasons, the Court concludes that it is without subject matter jurisdiction to adjudicate Scott's claims. Therefore, his motion for a preliminary injunction is denied and the motion of defendants to dismiss is granted in its entirety.
Whose motion Cross-motions Read by a model
Therefore, his motion for a preliminary injunction is denied and the motion of defendants to dismiss is granted in its entirety.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
The complaint is dismissed with prejudice.
Prevailing party Government Read by a model
The Clerk is directed to enter judgment for defendants and to close this case.
The other claims Dismissed Read by a model
The complaint is dismissed with prejudice.
Months pending Not stated Read by a model
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings None Read by a model

How the case ended

Docket
No. 1:08-cv-02338
Filed
June 11, 2008
Ended
May 28, 2009
Suit's filing to its end
351 days
How it ended
Dismissed on jurisdiction or the merits
From the record
idb disp 6 (judgment: motion before trial), judgment for defendant

A voluntary or stipulated dismissal is how most suits end once the agency acts; the docket rarely says why.

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.