Mandamus decisions / Eastern District of Kentucky
Patel v. Cuccinelli
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 |
USCIS
Read by a model
With this action, the plaintiffs allege unreasonable delays by USCIS at two points in the processing of so-called “U-status” immigration petitions. |
|---|---|
| Form or filing |
I-918 (U visa)
Read by a model
She filed a petition for U-status on December 22, 2016. |
| What the suit asked for |
Decide the application
Read by a model
The plaintiffs’ complaint is that USCIS has unreasonably delayed a decision on whether they are eligible for the U-status visa. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
the Court hereby ORDERS that USCIS’s motion to dismiss (DE 11) is GRANTED |
| Motion decided |
Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim
Read by a model
For all these reasons, the Court hereby ORDERS that USCIS’s motion to dismiss (DE 11) is GRANTED as follows: |
| Whose motion |
The government's motion
Read by a model
USCIS moves to dismiss the complaint. |
| Disposition |
Dismissed
The case or every delay claim was dismissed for a reason other than mootness.
Read by a model
The Patels’ claim that USCIS has unreasonably delayed adjudication of their petitions for U-status visas (Count II) is DISMISSED for failure to state a claim; |
| Prevailing party |
Government
Read by a model
For all these reasons, the Court hereby ORDERS that USCIS’s motion to dismiss (DE 11) is GRANTED as follows: |
| The delay claim |
Dismissed
Read by a model
The Patels’ claim that USCIS has unreasonably delayed adjudication of their petitions for U-status visas (Count II) is DISMISSED for failure to state a claim; |
| The other claims |
Dismissed
Read by a model
The Patels’ claim under the Equal Access to Justice Act is DISMISSED for failure to state a claim. |
| Months pending |
48.6 months from the application to the court's decision
Read by a model
She filed a petition for U-status on December 22, 2016. |
| TRAC factors |
The court weighed the TRAC factors
The agency’s process of adjudication is guided by a general rule that has some exceptions. This constitutes a rule of reason. |
| The government's delay arguments |
First-in, first-out processing accepted; Line-jumping accepted
Read by a model
The agency’s process of adjudication is guided by a general rule that has some exceptions. This constitutes a rule of reason. |
| Threshold rulings | None Read by a model |
| U visa claims |
Work permit: dismissed; Waiting list: dismissed
Read by a model
The Patels’ claim that USCIS has unreasonably delayed granting them work authorizations under 8 U.S.C.§ 1184(p)(6) (Count I) is dismissed for lack of subject-matter jurisdiction; |
| Nationality |
India
Read by a model
Plaintiff Sudhaben Pankajkumar Patel is a citizen and national of India |
How the case ended
- Docket
- No. 6:20-cv-00101
- Filed
- May 6, 2020
- Ended
- February 24, 2023
- Suit's filing to its end
- 371 days
- How it ended
- Dismissed on jurisdiction or the merits
- 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.
Supreme Court and Sixth 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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Barrios Garcia v. U.S. Department of Homeland Security, 25 F.4th 430
Sixth Circuit, February 10, 2022. Courts may review and compel unreasonably delayed U-visa waitlist placement and bona fide determinations under TRAC, though not discretionary pre-waitlist work authorization, disagreeing in part with the Fourth Circuit's Gonzalez.
ImmCite: unchecked, treatment not confirmed yet, not evidence either way. No verified adverse treatment has been found so far. All 2 precedential decisions citing this case have been reviewed as of 2026-11-13.