Passim

Mandamus decisions / Eastern District of North Carolina

Kale v. Jaddou

Eastern District of North CarolinaLouise Wood FlanaganDecided August 2, 2023No. 5:22-cv-00338

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.

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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 will not make a final decision on their applications and DOS will not issue a visa.
Form or filing I-485 (adjustment of status) Read by a model
That second form was approved, and plaintiffs filed all Forms I-485 based upon the EB-3 Form I-140 petition October 21, 2020.
What the suit asked for Decide the application Read by a model
Plaintiffs seek an order compelling defendants to make a final decision on their adjustment of status applications
Kind of order A ruling on a motion or the petition Read by a model
Based on the foregoing, defendants’ motion to dismiss (DE 16) is GRANTED.
Motion decided Motion to dismiss for lack of jurisdiction Read by a model
For the reasons that follow, defendants’ motion is granted on the basis of lack of subject matter jurisdiction.
Whose motion The government's motion Read by a model
defendants’ motion to dismiss plaintiffs’ amended complaint for lack of subject matter jurisdiction
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
Plaintiffs’ claims are DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction.
Prevailing party Government Read by a model
Based on the foregoing, defendants’ motion to dismiss (DE 16) is GRANTED. Plaintiffs’ claims are DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction.
The delay claim Dismissed Read by a model
Plaintiffs’ claims are DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction.
The other claims Dismissed Read by a model
Plaintiffs’ claims are DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction.
Months pending 22.2 months from the application to the suit; 33.3 months from the application to the court's decision Read by a model
plaintiffs filed all Forms I-485 based upon the EB-3 Form I-140 petition October 21, 2020.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Section 1252(a)(2)(B) bar applied Read by a model
In sum, the court lacks jurisdiction under both the INA provision, 8 U.S.C. § 1252(a)(2)(B)(11), and the APA provision, U.S.C. § 701(a)(2).
Nationality India Read by a model
Plaintiffs, Indian nationals lawfully residing in Wake County, North Carolina

How the case ended

Docket
No. 5:22-cv-00338
Filed
August 27, 2022
Ended
August 2, 2023
Suit's filing to its end
340 days
How it ended
Dismissed on jurisdiction or the merits
From the record
idb disp 3 (dismissed: lack of jurisdiction)

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 Fourth 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.