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
USCIS granted Avdeeva’s naturalization petition on August 17, 2020, and administered the oath of allegiance the same day; she is now a United States citizen. |
|---|---|
| Form or filing |
N-400 (naturalization)
Read by a model
On May 9, 2019, Avdeeva applied for naturalization. |
| What the suit asked for |
Naturalization hearing or remand (1447(b))
Read by a model
asked the court to take jurisdiction over her naturalization application pursuant to 8 U.S.C. § 1447(b). |
| Kind of order |
An order on fees
Read by a model
For the reasons set forth above, Avdeeva’s Motion for Attorney’s Fees [Doc. No. 46] is DENIED. |
| Motion decided |
Fees under EAJA
Read by a model
Pending before the court is Plaintiff Diana Avdeeva’s Motion for Attorney’s Fees [Doc. No. 46] pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. |
| Whose motion |
The plaintiff's motion
Read by a model
Pending before the court is Plaintiff Diana Avdeeva’s Motion for Attorney’s Fees [Doc. No. 46] pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. |
| Disposition |
Attorney's fees
An order on attorney's fees or costs after the case, counted for the side that won the fee motion.
Read by a model
For the reasons set forth above, Avdeeva’s Motion for Attorney’s Fees [Doc. No. 46] is DENIED. |
| Prevailing party |
Government
Read by a model
For the reasons set forth above, Avdeeva’s Motion for Attorney’s Fees [Doc. No. 46] is DENIED. |
| The delay claim |
Not decided here
Read by a model
For the reasons set forth above, Avdeeva’s Motion for Attorney’s Fees [Doc. No. 46] is DENIED. |
| Months pending |
9.5 months from the application to the suit; 15.3 months from the application to the agency's action
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
USCIS granted Avdeeva’s naturalization petition on August 17, 2020, and administered the oath of allegiance the same day; she is now a United States citizen. |
| 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, this one. How decisions are grouped into cases.
| Decision | Decided | Judge | Disposition |
|---|---|---|---|
| Avdeeva v. Smith | June 1, 2021 | Indira Talwani | Stipulated or agreed order |
| Avdeeva v. SmithThis decisionThe case's latest decision: its outcome is the one counted | June 9, 2022 | Indira Talwani | Attorney's fees |
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.
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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).