Mandamus decisions / District of Massachusetts
Avdeeva v. Smith
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 |
USCIS
Read by a model
On August 17, 2020, USCIS granted Plaintiff’s application for naturalization and administered the Oath of Allegiance; Plaintiff is now a United States citizen. |
|---|---|
| Form or filing |
N-400 (naturalization)
Read by a model
On or about May 9, 2019, Plaintiff submitted an application for naturalization to USCIS pursuant to 8 U.S.C. § 1427. |
| What the suit asked for |
Naturalization hearing or remand (1447(b))
Read by a model
asking this court to take jurisdiction over her naturalization application pursuant to 8 U.S.C. § 1447(b) |
| Kind of order |
A stipulated or agreed order
Read by a model
This case is DISMISSED according to the parties’ agreement, and the clerk shall issue a final judgment pursuant to this memorandum and order. |
| Motion decided |
Motion to dismiss for lack of jurisdiction
Read by a model
Defendants’ Motion to Dismiss for Lack of Jurisdiction [#39] is denied as moot. |
| Whose motion |
Cross-motions
Read by a model
Presently before the court are Plaintiff’s Request for Entry of Judgment of Dismissal in Accordance with the Parties’ Settlement Agreement [#38] and Defendants’ Motion to Dismiss for Lack of Jurisdiction [#39]. |
| Disposition |
Stipulated or agreed order
An order the parties asked for together, or the plaintiff's own dismissal. Not counted as either side's win.
Read by a model
This case is DISMISSED according to the parties’ agreement, and the clerk shall issue a final judgment pursuant to this memorandum and order. |
| Prevailing party |
Neither side
Read by a model
This case is DISMISSED according to the parties’ agreement, and the clerk shall issue a final judgment pursuant to this memorandum and order. |
| The delay claim |
Dismissed
Read by a model
This case is DISMISSED according to the parties’ agreement, and the clerk shall issue a final judgment pursuant to this memorandum and order. |
| Months pending |
9.5 months from the application to the suit; 24.8 months from the application to the court's decision
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
On or about May 9, 2019, Plaintiff submitted an application for naturalization to USCIS pursuant to 8 U.S.C. § 1427. |
| Months since the naturalization interview |
10.1 months from the interview (2019-10-16)
Read by a model
On October 16, 2019, Plaintiff appeared for her naturalization interview at the USCIS Lawrence Field Office. |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings | None Read by a model |
Other orders in this case
The group holds 2 decisions from this suit, oldest first. Outcome counts on these pages count the case once, by its latest decision. How decisions are grouped into cases.
| Decision | Decided | Judge | Disposition |
|---|---|---|---|
| Avdeeva v. SmithThis decision | June 1, 2021 | Indira Talwani | Stipulated or agreed order |
| Avdeeva v. SmithThe case's latest decision: its outcome is the one counted | June 9, 2022 | Indira Talwani | Attorney's fees |
How the case ended
- Docket
- No. 1:20-cv-10364
- Filed
- February 21, 2020
- Ended
- June 8, 2021
- Suit's filing to its end
- 273 days
- How it ended
- Ended, outcome not recorded
- From the record
- idb disp 6 (judgment: motion before trial), judgment for unknown
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 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.
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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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Aronov v. Napolitano, 562 F.3d 84
First Circuit, April 13, 2009. A § 1447(b) remand order directing USCIS to naturalize the applicant was not a consent decree that made him a prevailing party, and the government's delay for an FBI name check was substantially justified.
ImmCite: treatment available, history exists, not clearance
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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
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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).