Passim

Mandamus decisions / District of Massachusetts

Touarsi v. Mueller

District of MassachusettsDecided March 17, 2008

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
Touarsi's grievance is that USCIS has not acted upon his application for adjustment of status, though it has been pending since 2003.
Form or filing I-485 (adjustment of status) Read by a model
By this action, Touarsi seeks "to compel Defendants to process the necessary background checks and adjudicate his application for Adjustment of Status to Permanent Resident (Form 1-485)."
What the suit asked for Decide the application Read by a model
By this action, Touarsi seeks "to compel Defendants to process the necessary background checks and adjudicate his application for Adjustment of Status to Permanent Resident (Form 1-485)."
Kind of order A ruling on a motion or the petition Read by a model
The defendants' motion to dismiss the complaint for want of subject matter jurisdiction must be, and it is, GRANTED.
Motion decided Motion to dismiss for lack of jurisdiction Read by a model
The defendants' motion to dismiss the complaint for want of subject matter jurisdiction must be, and it is, GRANTED.
Whose motion The government's motion Read by a model
The defendants have moved to dismiss the 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
The defendants' motion to dismiss the complaint for want of subject matter jurisdiction must be, and it is, GRANTED. The complaint is DISMISSED.
Prevailing party Government Read by a model
The defendants' motion to dismiss the complaint for want of subject matter jurisdiction must be, and it is, GRANTED. The complaint is DISMISSED.
The delay claim Dismissed Read by a model
The defendants' motion to dismiss the complaint for want of subject matter jurisdiction must be, and it is, GRANTED. The complaint is DISMISSED.
Months pending 56.5 months from the application to the court's decision Read by a model
In 2003, he applied to the Immigration and Naturalization Service, now United States Citizenship and Immigration Services ("USCIS"), for an adjustment of his status to that of permanent resident.
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
Because the Secretary's authority to manage the adjustment of status application process, committed to his discretion by § 1255(a), falls within the scope of § 1252(a)(2)(B)(ii), judicial review of the "pace" at which he does so is precluded.
Nationality Algeria Read by a model
The plaintiff, Benamar Touarsi, a citizen of Algeria, was granted political asylum in the United States in 2002.

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 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 14, 2026. Check the current status before relying on one.