Mandamus decisions / District of Maryland
Ngwi v. Noem
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
On the same date, the United States Citizenship and Immigration Services (“USCIS”) received her application. |
|---|---|
| Form or filing |
I-589 (asylum)
Read by a model
Ms. Ngwi filed a Form I-589 Application for Asylum and Withholding of Removal with the Arlington Asylum Office on August 8, 2023. |
| What the suit asked for |
Decide the asylum application
Read by a model
Ms. Ngwi seeks to compel action on her asylum application. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
For the reasons set forth above, Defendants’ Motion (ECF No. 17) is GRANTED, and this case is DISMISSED WITHOUT PREJUDICE. |
| Motion decided |
Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim
Read by a model
Defendants seek dismissal under Rule 12(b)(1) and Rule 12(b)(6). |
| Whose motion |
The government's motion
Read by a model
Pending before the Court is a Motion to Dismiss, or in the Alternative, Motion for Summary Judgment (“Motion”) (ECF No. 17) filed on behalf of Defendants |
| Disposition |
Dismissed
The case or every delay claim was dismissed for a reason other than mootness.
Read by a model
For the reasons set forth above, Defendants’ Motion (ECF No. 17) is GRANTED, and this case is DISMISSED WITHOUT PREJUDICE. |
| Prevailing party |
Government
Read by a model
For the reasons set forth above, Defendants’ Motion (ECF No. 17) is GRANTED, and this case is DISMISSED WITHOUT PREJUDICE. |
| The delay claim |
Dismissed
Read by a model
For the reasons set forth above, Defendants’ Motion (ECF No. 17) is GRANTED, and this case is DISMISSED WITHOUT PREJUDICE. |
| The other claims |
Dismissed
Read by a model
Plaintiff’s Declaratory Judgment Act and Equal Access to Justice Act claims are dismissed. |
| Months pending |
30.4 months from the application to the court's decision
Read by a model
Ms. Ngwi filed a Form I-589 Application for Asylum and Withholding of Removal with the Arlington Asylum Office on August 8, 2023. |
| TRAC factors |
The court weighed the TRAC factors
The first and second TRAC factors strongly favor Defendants. |
| The government's delay arguments |
First-in, first-out processing accepted; Line-jumping accepted
Read by a model
the agency continues to employ the LIFO policy and has instituted several other reasonable procedures and technologies to continue mitigating the backlog. ECF No. 17-1 at 14. The first and second TRAC factors strongly favor Defendants. |
| Threshold rulings |
Section 1252(a)(2)(B) bar applied
Read by a model
“the pace at which the Secretary adjudicates asylum actions is subject to § 1252(a)(2)(B)(ii)’s jurisdictional bar and cannot be reviewed in court.” |
How the case ended
- Docket
- No. 8:25-cv-01007
- Filed
- March 27, 2025
- Ended
- February 18, 2026
- Suit's filing to its end
- 328 days
- How it ended
- Dismissed, ground not recorded
- From the record
- idb disp 14 (dismissed: other)
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 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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Gonzalez v. Cuccinelli, 985 F.3d 357
Fourth Circuit, January 14, 2021. Courts may review delay in placing U-visa petitioners on the waitlist under the TRAC factors and should not dismiss such claims at the pleading stage, but lack jurisdiction over delay in pre-waitlist work-permit requests, a point on which the Sixth Circuit disagrees.
ImmCite: caution, adverse or limiting treatment found. Rejected in the Sixth Circuit by Barrios Garcia v. U.S. Department of Homeland Security, 25 F.4th 430 (2022).
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Lovo v. Miller, 107 F.4th 199
Fourth Circuit, July 3, 2024. The 'decision or action' language of § 1182(a)(9)(B)(v), which the court treated as coextensive with § 1252(a)(2)(B)(ii), does not reach USCIS inaction, so a district court may hear a claim that USCIS unreasonably delayed a provisional unlawful-presence waiver.
ImmCite: treatment available, history exists, not clearance. ImmCite has read all 5 published decisions citing this case, as of 2026-10-29; none treats it adversely. That describes those decisions; it is not a determination that the case is good law.
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Kale v. Alfonso-Royals, 139 F.4th 329
Fourth Circuit, June 3, 2025. Section 1252(a)(2)(B)(ii), read with § 1255(a), bars review of USCIS's adjudication hold policy for adjustment applications affected by visa retrogression, joining the Third, Fifth, Eighth and Eleventh Circuits.
ImmCite: unchecked, treatment not confirmed yet, not evidence either way. ImmCite has found no published decision citing this case as of 2026-11-02; it checks for new citing decisions daily. That is not a determination that the case is good law. The citation index lists 33 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.