Mandamus decisions / Northern District of Texas
Mysaev v. United States Citizenship and Immigration Services
Read the decisionOriginal on CourtListener
2,914 written decisions from 2,661 cases in the whole mandamus and agency-delay group, the group's newest decided October 30, 2026. Updated November 3, 2026 at 1:24 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 1,606 public decisions since January 1, 2025 that a CourtListener and GovInfo search for mandamus and agency delay finds, Passim holds 1,371 (85%), measured November 3, 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
Seventeen months later, on February 15, 2022, Mysaev brought this suit seeking to compel USCIS to adjudicate his I-485 application. |
|---|---|
| Form or filing |
I-485 (adjustment of status)
Read by a model
Mysaev was granted asylum on December 6, 2019, and filed an I-485 Application for Adjustment of Status on September 10, 2020. |
| What the suit asked for |
Decide the application
Read by a model
Seventeen months later, on February 15, 2022, Mysaev brought this suit seeking to compel USCIS to adjudicate his I-485 application. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
DISMISSES WITHOUT PREJUDICE Claim One, and DISMISSES WITH PREJUDICE Claim Two. |
| Motion decided |
Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim
Read by a model
On April 25, 2022, USCIS filed the instant motion to dismiss Claim One under Federal Rule of Civil Procedure 12(b)(1) and Claim Two under Rule 12(b)(6). |
| Whose motion |
The government's motion
Read by a model
On April 25, 2022, USCIS filed the instant motion to dismiss Claim One under Federal Rule of Civil Procedure 12(b)(1) and Claim Two under Rule 12(b)(6). |
| Disposition |
Dismissed
The case or every delay claim was dismissed for a reason other than mootness.
Read by a model
Ac cordingly, t he C ourt DISMISSES WITHOUT PREJUDICE Claim One, and DISMISSES WITH PREJUDICE Claim Two. |
| Prevailing party |
Government
Read by a model
Ac cordingly, t he C ourt DISMISSES WITHOUT PREJUDICE Claim One, and DISMISSES WITH PREJUDICE Claim Two. |
| The delay claim |
Dismissed
Read by a model
DISMISSES WITHOUT PREJUDICE Claim One, and DISMISSES WITH PREJUDICE Claim Two. |
| The other claims |
Dismissed
Read by a model
Mysaev has thus failed to state a valid Due Process claim, and Claim Two must be dismissed. |
| Months pending |
17.2 months from the application to the suit; 22.2 months from the application to the court's decision
Read by a model
Mysaev was granted asylum on December 6, 2019, and filed an I-485 Application for Adjustment of Status on September 10, 2020. |
| TRAC factors |
The court weighed the TRAC factors
Thus, the Court finds that, under these facts, USCIS’s FIFO process supports a reasonable pace of adjudication |
| The government's delay arguments |
First-in, first-out processing accepted; Line-jumping accepted
Read by a model
Thus, the Court finds that, under these facts, USCIS’s FIFO process supports a reasonable pace of adjudication |
| Threshold rulings |
Section 1252(a)(2)(B) bar rejected
Read by a model
Unlike Claim One, the C ourt has subject-mat ter jurisdiction over Claim Two because it involves a question arising under the United States Constitution. |
| Nationality |
Kyrgyzstan
Read by a model
is a citizen of Kyrgyzstan |
How the case ended
- Docket
- No. 3:22-cv-00371
- Filed
- February 15, 2022
- Ended
- July 18, 2022
- Suit's filing to its end
- 153 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. Other suits in this court.
Supreme Court and Fifth 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.
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Kucana v. Holder, 558 U.S. 233
Supreme Court, January 20, 2010. Section 1252(a)(2)(B)(ii) bars review only of decisions whose discretionary character is specified by statute, not discretion the agency gives itself by regulation.
ImmCite: treatment available, history exists, not clearance
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Patel v. Garland, 596 U.S. 328
Supreme Court, May 16, 2022. Section 1252(a)(2)(B)(i) bars review of any judgment regarding the granting of the listed forms of relief, including the factual findings on which a denial of adjustment rests.
ImmCite: treatment available, history exists, not clearance
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Bouarfa v. Mayorkas, 604 U.S. 6
Supreme Court, December 10, 2024. Revoking an approved visa petition under § 1155 is a discretionary decision or action that § 1252(a)(2)(B)(ii) places beyond judicial review.
ImmCite: treatment available, history exists, not clearance
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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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Cheejati v. Blinken, 106 F.4th 388
Fifth Circuit, July 5, 2024. The pace at which USCIS adjudicates adjustment applications during visa retrogression is a discretionary action under § 1255(a) that § 1252(a)(2)(B)(ii) shields from review, agreeing with the Eighth Circuit's Thigulla.
ImmCite: treatment available, history exists, not clearance
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Mendoza-Tarango v. Flores, 982 F.3d 395
Fifth Circuit, December 8, 2020. A § 706(1) or mandamus claim requires a discrete, legally required action, and USCIS had no nondiscretionary duty to administer the naturalization oath at a prison.
ImmCite: unchecked, treatment not confirmed yet, not evidence either way. ImmCite has found no published decision citing this case as of 2026-11-01; it checks for new citing decisions daily. That is not a determination that the case is good law. The citation index lists 7 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.