Mandamus decisions / District of Massachusetts
Roe v. Mayorkas
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
Alternatively, applications for humanitarian parole made on behalf of noncitizens who are outside the United States are processed and adjudicated by USCIS, which was the process used by Plaintiffs. |
|---|---|
| Form or filing |
I-131 (travel document)
Read by a model
a Form I- 131 Application for Travel Document |
| What the suit asked for |
Some other action
Read by a model
to order the Defendants to promptly adjudicate each of the unadjudicated humanitarian parole applications. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
Accordingly, Defendants’ motion to dismiss is DENIED in part and GRANTED in part |
| Motion decided |
Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim
Read by a model
Defendants moved to dismiss for lack of jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1) and for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6) |
| Whose motion |
Cross-motions
Read by a model
Accordingly, Defendants’ motion to dismiss is DENIED in part and GRANTED in part, and Plaintiffs’ motions for expedited production of the administrative record are DENIED in part and GRANTED in part. |
| Disposition |
Dismissed in part; some claims go on
The government's motion to dismiss was granted in part: some claims were dismissed and others go on.
Read by a model
Plaintiffs have adequately pled policy claims reviewable under the APA with regard to Defendants’ adjudication of in-country Afghan applications for humanitarian parole following September 2021 as well as with regard to the unreasonable delay in adjudicating such applications. |
| Prevailing party |
Each side in part
Read by a model
Plaintiffs have adequately pled policy claims reviewable under the APA with regard to Defendants’ adjudication of in-country Afghan applications for humanitarian parole following September 2021 as well as with regard to the unreasonable delay in adjudicating such applications. |
| The delay claim |
The delay claim goes on
Read by a model
Plaintiffs have adequately pled policy claims reviewable under the APA with regard to Defendants’ adjudication of in-country Afghan applications for humanitarian parole following September 2021 as well as with regard to the unreasonable delay in adjudicating such applications. |
| The other claims |
Some dismissed, some go on
Read by a model
Accordingly, Defendants’ motion to dismiss is DENIED in part and GRANTED in part |
| Months pending | Not stated Read by a model |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings |
Section 1252(a)(2)(B) bar rejected
Read by a model
the Court agrees with Plaintiffs that § 1252(a)(2)(B)(ii) does not bar all judicial review of agency action taken under § 1182(d)(5)(A). |
| Nationality |
Afghanistan
Read by a model
Plaintiffs argue that Defendants’ change in policy with regard to the humanitarian parole of Afghan nationals after August 2021 |
Other orders in this case
The group holds 4 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 |
|---|---|---|---|
| Roe v. MayorkasThis decision | May 12, 2023 | Allison Dale Burroughs | Dismissed in part; some claims go on |
| Roe v. Mayorkas | October 2, 2024 | Allison D. Burroughs | Discovery or record order |
| Roe v. Mayorkas | October 2, 2024 | Allison Dale Burroughs | Denied in the government's favor |
| Roe et al v. Mayorkas et alThe case's latest decision: its outcome is the one counted | June 6, 2025 | Allison D. Burroughs | Dismissed as moot |
How the case ended
- Docket
- No. 1:22-cv-10808
- Filed
- May 25, 2022
- Ended
- June 9, 2025
- Suit's filing to its end
- 1,111 days
- How it ended
- Ended once the agency acted
- From the record
- idb disp 6 (judgment: motion before trial), judgment for defendant
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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Kucana v. Holder, 558 U.S. 233
Supreme Court, January 20, 2010. Section 1252(a)(2)(B)(ii) bars review only of decisions whose discretionary character is specified by statute, not discretion the agency gives itself by regulation.
ImmCite: treatment available, history exists, not clearance
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Patel v. Garland, 596 U.S. 328
Supreme Court, May 16, 2022. Section 1252(a)(2)(B)(i) bars review of any judgment regarding the granting of the listed forms of relief, including the factual findings on which a denial of adjustment rests.
ImmCite: treatment available, history exists, not clearance
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Bouarfa v. Mayorkas, 604 U.S. 6
Supreme Court, December 10, 2024. Revoking an approved visa petition under § 1155 is a discretionary decision or action that § 1252(a)(2)(B)(ii) places beyond judicial review.
ImmCite: treatment available, history exists, not clearance
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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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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).
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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