Passim

Mandamus decisions / Western District of New York

Sylvain v. Garland

Western District of New YorkJohn L. Sinatra, Jr.Decided September 21, 2021No. 1:21-cv-01023

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
Sylvain then filed in this Court seeking to compel the BIA to adjudicate his motion to reopen, and to stay his removal pending such adjudication.
Form or filing None named Read by a model
What the suit asked for Some other action Read by a model
Sylvain then filed in this Court seeking to compel the BIA to adjudicate his motion to reopen, and to stay his removal pending such adjudication.
Kind of order A ruling on a motion or the petition Read by a model
Defendants’ Amended Motion to Dismiss is GRANTED. Plaintiffs case is dismissed with prejudice.
Motion decided Motion to dismiss for lack of jurisdiction Read by a model
announced its decision to grant Defendants’ motion to dismiss for lack of jurisdiction, with a written decision to follow.
Whose motion The government's motion Read by a model
Defendants’ Amended Motion to Dismiss is GRANTED.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
For the reasons stated above, Defendants’ Amended Motion to Dismiss is GRANTED. Plaintiffs case is dismissed with prejudice.
Prevailing party Government Read by a model
For the reasons stated above, Defendants’ Amended Motion to Dismiss is GRANTED. Plaintiffs case is dismissed with prejudice.
The delay claim Dismissed Read by a model
Defendants’ Amended Motion to Dismiss is GRANTED. Plaintiffs case is dismissed with prejudice.
Months pending 0.4 months from the application to the court's decision Read by a model
Sylvain filed a motion to reopen his removal proceedings and a motion to stay his removal with the Board of Immigration Appeals (“BIA”) on September 9, 2021.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings None Read by a model
Nationality Haiti Read by a model
Sylvain is a Haitian national

How the case ended

Docket
No. 1:21-cv-01023
Filed
September 15, 2021
Ended
July 11, 2022
Suit's filing to its end
299 days
How it ended
Ended, outcome not recorded
From the record
terminated; no disposition recorded

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 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.