Mandamus decisions / District of Columbia

Zakimi v. Johnson

District of ColumbiaRoyce C. LamberthDecided May 15, 2023No. 1:22-cv-02048

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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	Not recorded Read by a model
Form or filing	DS-260 (immigrant visa) Read by a model Plaintiff filed a complaint for writ of mandamus and injunctive relief alleging that defendants failed to process and adjudicate plaintiffs Special Immigrant Visa application within a reasonable period of time.
What the suit asked for	Decide the application Read by a model Plaintiff filed a complaint for writ of mandamus and injunctive relief alleging that defendants failed to process and adjudicate plaintiffs Special Immigrant Visa application within a reasonable period of time.
Kind of order	A ruling on a motion or the petition Read by a model It is hereby ORDERED that defendants' motion to dismiss is GRANTED
Motion decided	Motion to dismiss for lack of jurisdiction Read by a model this Court will treat the portion of defendants' motion requesting that this Court dismiss for lack of subject-matter jurisdiction as conceded and will accordingly dismiss this case on that basis.
Whose motion	The government's motion Read by a model defendants moved to dismiss for lack of subject matter jurisdiction and failure to state a claim.
Disposition	Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model It is hereby ORDERED that defendants' motion to dismiss is GRANTED and this case is DISMISSED w,THOUT PREJUDICE for lack of subject-matter jurisdiction.
Prevailing party	Government Read by a model It is hereby ORDERED that defendants' motion to dismiss is GRANTED and this case is DISMISSED w,THOUT PREJUDICE for lack of subject-matter jurisdiction.
The delay claim	Dismissed Read by a model It is hereby ORDERED that defendants' motion to dismiss is GRANTED and this case is DISMISSED w,THOUT PREJUDICE for lack of subject-matter jurisdiction.
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

How the case ended

Docket: No. 1:22-cv-02048
Filed: July 1, 2022
Ended: May 15, 2023
Suit's filing to its end: 318 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 D.C. 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.

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
Telecommunications Research & Action Center v. FCC, 750 F.2d 70

D.C. Circuit, October 24, 1984. Whether agency delay is unreasonable turns on six factors: a rule of reason, any statutory timetable, the human welfare interests at stake, the effect of expediting on competing priorities, the interests prejudiced by delay, and no need to find impropriety.

ImmCite: treatment available, history exists, not clearance
Mashpee Wampanoag Tribal Council, Inc. v. Norton, 336 F.3d 1094

D.C. Circuit, August 8, 2003. A claim that an agency has unreasonably delayed a matter arises under the APA and § 1331, and the TRAC factors decide whether the delay is unreasonable.

ImmCite: treatment available, history exists, not clearance
In re Core Communications, Inc., 531 F.3d 849

D.C. Circuit, July 8, 2008. Mandamus to compel unreasonably delayed agency action is an extraordinary remedy guided by the TRAC factors, granted here after years of unexplained delay.

ImmCite: treatment available, history exists, not clearance
Da Costa v. Immigration Investor Program Office, 80 F.4th 330

D.C. Circuit, August 18, 2023. EB-5 petition delays of roughly four years were not unreasonable under TRAC where USCIS adjudicates in a rule-of-reason order and expediting the plaintiffs would only move them ahead of others in the queue.

ImmCite: treatment available, history exists, not clearance
American Hospital Ass'n v. Burwell, 812 F.3d 183

D.C. Circuit, February 9, 2016. A delay claim under the Mandamus Act requires a clear duty, a clear right and no adequate alternative remedy, and the TRAC factors then decide whether the delay warrants relief, with a statutory deadline weighing heavily.

ImmCite: treatment available, history exists, not clearance
Afghan and Iraqi Allies v. Blinken, 103 F.4th 807

D.C. Circuit, June 7, 2024. TRAC governs visa-processing delay claims in district court, a court that finds unreasonable delay may set adjudication deadlines, and expediting a whole class in queue order is not line-jumping.

ImmCite: unchecked, treatment not confirmed yet, not evidence either way. ImmCite has found no published decision citing this case as of 2026-10-28; it checks for new citing decisions daily. That is not a determination that the case is good law. The citation index lists 49 other decisions citing it, none a Supreme Court, BIA or Attorney General precedent or a published circuit opinion; ImmCite's status does not review them.