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Mandamus decisions / Western District of Virginia

Lovo v. Miller

Western District of VirginiaElizabeth K. DillonDecided May 18, 2023

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

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Agency USCIS Read by a model
Plaintiffs Bethney and Humberto Lovo seek a writ of mandamus ordering the U.S. Citizenship and Immigration Services (USCIS) to decide Humberto Lovo’s I-601A application within a reasonable time.
Form or filing I-601A (provisional waiver) Read by a model
Mr. Lovo submitted his Form I-601A on April 11, 2022.
What the suit asked for Decide the application Read by a model
Plaintiffs seek an order requiring defendants to issue a decision on Mr. Lovo’s I-601A Application within 30 days.
Kind of order A ruling on a motion or the petition Read by a model
Defendants’ motion will be granted because the court lacks subject matter jurisdiction to adjudicate plaintiffs’ claims.
Motion decided Motion to dismiss for lack of jurisdiction Read by a model
For the above-stated reasons, the court will issue an appropriate order granting defendants’ motion to dismiss, dismissing plaintiffs’ motion for a writ of mandamus without prejudice, and dismissing this action without prejudice for lack of subject matter jurisdiction.
Whose motion Cross-motions Read by a model
granting defendants’ motion to dismiss, dismissing plaintiffs’ motion for a writ of mandamus without prejudice
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
For the above-stated reasons, the court will issue an appropriate order granting defendants’ motion to dismiss, dismissing plaintiffs’ motion for a writ of mandamus without prejudice, and dismissing this action without prejudice for lack of subject matter jurisdiction.
Prevailing party Government Read by a model
Defendants’ motion will be granted because the court lacks subject matter jurisdiction to adjudicate plaintiffs’ claims.
The delay claim Dismissed Read by a model
dismissing this action without prejudice for lack of subject matter jurisdiction.
Months pending 7.2 months from the application to the suit; 13.2 months from the application to the court's decision Read by a model
Plaintiffs therefore filed Form I-601A with USCIS on April 11, 2022.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings None Read by a model
Nationality El Salvador Read by a model
Mr. Lovo is a native and citizen of El Salvador.

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.