Mandamus decisions / District of Massachusetts
Tang v. United States of America
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
Subject to limited exceptions, USCIS generally processes petitions in the order they are received. |
|---|---|
| Form or filing |
I-751 (removal of conditions)
Read by a model
She asserts several statutory and constitutional claims, all of which, at core, hinge on defendants having unreasonably delayed adjudication of her Form I-751 petition. |
| What the suit asked for |
Decide the application
Read by a model
Count II seeks a writ of mandamus compelling defendants to “satisfy their statutory obligations” under the Immigration and Nationality Act, i.e., to adjudicate her petition. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
For the foregoing reasons, the motion to dismiss is ALLOWED. |
| Motion decided |
Motion to dismiss for failure to state a claim
Read by a model
Defendants 1 Count I asserts that defendants have unreasonably delayed adjudication of her petition in violation of the Administrative Procedure Act move to dismiss, contending that Tang has failed to state a claim for relief. |
| Whose motion |
The government's motion
Read by a model
DEFENDANTS’ MOTION TO DISMISS |
| Disposition |
Dismissed
The case or every delay claim was dismissed for a reason other than mootness.
Read by a model
For the foregoing reasons, the motion to dismiss is ALLOWED. |
| Prevailing party |
Government
Read by a model
For the foregoing reasons, the motion to dismiss is ALLOWED. |
| The delay claim |
Dismissed
Read by a model
For the foregoing reasons, the motion to dismiss is ALLOWED. |
| The other claims |
Dismissed
Read by a model
For the foregoing reasons, the motion to dismiss is ALLOWED. |
| Months pending |
12 months from the application to the court's decision
Read by a model
Regardless of how allegedly easy Tang’s petition would be to process, the time it would take to process these earlier-filed petitions would counsel in favor of the reasonableness of the one-year delay experienced by Tang thus far. |
| TRAC factors |
The court weighed the TRAC factors
Tang does not dispute that this practice qualifies as a rule of reason within the scope of TRAC factor one. |
| The government's delay arguments |
First-in, first-out processing accepted; Line-jumping accepted
Read by a model
This is wise, as courts have found the first-in, first-out principle to be a “rule of reason” sufficiently explaining “the time agencies take to make decisions” in analogous contexts. |
| Threshold rulings | None Read by a model |
How the case ended
- Docket
- No. 1:23-cv-13187
- Filed
- December 22, 2023
- Ended
- April 26, 2024
- Suit's filing to its end
- 126 days
- How it ended
- Dismissed, ground not recorded
- From the record
- idb disp 14 (dismissed: other)
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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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).