Mandamus decisions / District of Massachusetts
Conteh v. Wolf
Read the decisionOriginal on CourtListener
2,914 written decisions from 2,661 cases in the whole mandamus and agency-delay group, the group's newest decided October 30, 2026. Updated November 3, 2026 at 1:24 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 1,606 public decisions since January 1, 2025 that a CourtListener and GovInfo search for mandamus and agency delay finds, Passim holds 1,371 (85%), measured November 3, 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 |
ICE
Read by a model
In April, May, and October 2019, Conteh’s counsel contacted ICE by email and mail, requesting that ICE return Conteh to the United States, but ICE provided no substantive response. |
|---|---|
| Form or filing | None named Read by a model |
| What the suit asked for |
Some other action
Read by a model
For relief, Conteh asks the Court to declare Defendants’ refusal to return him to the United States unlawful and to order Defendants to immediately facilitate his return. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
Conteh’s complaint is DISMISSED without prejudice. |
| Motion decided |
Motion to dismiss for lack of jurisdiction
Read by a model
Defendants argue that because the Court lacks subject matter jurisdiction, the complaint must be dismissed pursuant to Federal Rule of Civil Procedure 12(b)(1). |
| Whose motion |
Cross-motions
Read by a model
Currently before the Court are Defendants’ motion to dismiss, [ECF No. 13], and Conteh’s motion to strike certain portions of Defendants’ memorandum in support of their motion to dismiss and accompanying declaration, [ECF No. 18]. |
| Disposition |
Dismissed
The case or every delay claim was dismissed for a reason other than mootness.
Read by a model
Conteh’s complaint is DISMISSED without prejudice. |
| Prevailing party |
Government
Read by a model
Conteh’s complaint is DISMISSED without prejudice. |
| The delay claim |
Dismissed
Read by a model
Thus, because the Court lacks subject matter jurisdiction, Conteh’s complaint must be dismissed. |
| The other claims |
Dismissed
Read by a model
Conteh’s complaint is DISMISSED without 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 |
| Nationality |
Sierra Leone
Read by a model
Conteh is a citizen and national of Sierra Leone. |
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 First 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 3, 2026. Check the current status before relying on one.
-
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
-
Towns of Wellesley, Concord & Norwood v. FERC, 829 F.2d 275
First Circuit, September 25, 1987. The First Circuit applies the TRAC factors when asked to compel agency action that has been unreasonably delayed.
ImmCite: treatment available, history exists, not clearance
-
Patel v. Jaddou, 118 F.4th 475
First Circuit, October 16, 2024. Assuming statutory jurisdiction, § 1255(a) does not forbid USCIS from holding adjustment applications until a visa number is immediately available, so no § 706(1) claim lies against the abeyance policy; the Fourth Circuit rejects deciding the merits before the § 1252(a)(2)(B) question.
ImmCite: caution, adverse or limiting treatment found. Reasoning rejected in the Fourth Circuit by Lolakshi Kale v. Angelica Alfonso-Royals, 139 F.4th 329 (2025).