Mandamus decisions / District of New Jersey
FIFE v. BARR
Read the decisionOriginal on CourtListener
2,996 written decisions from 2,731 cases in the whole mandamus and agency-delay group, the group's newest decided November 12, 2026. Updated November 14, 2026 at 1:17 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 1,617 public decisions since January 1, 2025 that a CourtListener and GovInfo search for mandamus and agency delay finds, Passim holds 1,406 (87%), 1,039 of them in this group, measured November 14, 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 |
CBP
Read by a model
Contreras, through Fife, requested that CBP rescind her expedited removal and five-year ban, but on March 26, 2018, CBP declined that request. |
|---|---|
| Form or filing |
DS-160 (nonimmigrant visa)
Read by a model
At the United States consulate in Mexico, Contreras was denied a new F-1 nonimmigrant student visa. |
| What the suit asked for | Not recorded Read by a model |
| Kind of order |
A ruling on a motion or the petition
Read by a model
Defendants’ motion to dismiss must be granted, and Plaintiffs’ motion to stay Contreras’ five-year bar must be denied as moot. |
| Motion decided |
Motion to dismiss for lack of jurisdiction
Read by a model
Challenges to subject matter jurisdiction under Federal Civil Procedure Rule 12(b)(1) may be facial or factual. Id. Facial attacks - which Defendants mount here - contest the sufficiency of the pleadings |
| Whose motion |
Cross-motions
Read by a model
Defendants have moved to dismiss Plaintiffs’ complaint, and Plaintiffs have moved to stay the five-year bar to the student’s reentry. |
| Disposition |
Dismissed
The case or every delay claim was dismissed for a reason other than mootness.
Read by a model
Defendants’ motion to dismiss must be granted, and Plaintiffs’ motion to stay Contreras’ five-year bar must be denied as moot. |
| Prevailing party |
Government
Read by a model
Defendants’ motion to dismiss must be granted, and Plaintiffs’ motion to stay Contreras’ five-year bar must be denied as moot. |
| The other claims |
Dismissed
Read by a model
Defendants’ motion to dismiss must be granted, and Plaintiffs’ motion to stay Contreras’ five-year bar must be denied as moot. |
| 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 |
Mexico
Read by a model
Erika Contreras Cruz (“Contreras”), who is a citizen of Mexico |
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 Third 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 14, 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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Oil, Chemical & Atomic Workers Union v. OSHA, 145 F.3d 120
Third Circuit, March 16, 1998. The Third Circuit weighs the TRAC factors in deciding whether to compel agency action that has been unreasonably delayed.
ImmCite: treatment available, history exists, not clearance. ImmCite has read the one published decision citing this case, as of 2026-11-03; it does not treat the case adversely. That describes that decision; it is not a determination that the case is good law.
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Geda v. Director, USCIS, 126 F.4th 835
Third Circuit, January 23, 2025. Section 1255(a) commits both the adjustment decision and the process and pace for reaching it to the Secretary's discretion, so § 1252(a)(2)(B)(ii) strips district courts of jurisdiction over challenges to USCIS's adjudication hold policy and § 1252(a)(2)(D) does not restore it.
ImmCite: treatment available, history exists, not clearance