Passim

Mandamus decisions / District of Colorado

Castillo Delgado v. Miller

District of ColoradoScott T. VarholakDecided September 2, 2025No. 1:24-cv-03252

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.

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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 USCIS Read by a model
This action originally consisted of 45 Plaintiffs who applied for U-visas and had not received a determination as to eligibility for a BFD, EAD, or deferred action by the USCIS Nebraska Service Center.
Form or filing I-918 (U visa) Read by a model
Plaintiffs to this case are applicants for U-visas.
What the suit asked for Decide the application Read by a model
In Count One, Plaintiffs allege that Defendants violated a mandatory duty to place Plaintiffs on the waiting list or to make BFDs as to their U-visa application in a reasonable period of time.
Kind of order A ruling on a motion or the petition Read by a model
For the foregoing reasons, the Court respectfully GRANTS Defendant’s Motion to Dismiss [#12].
Motion decided Motion to dismiss for lack of jurisdiction Read by a model
Defendants move to dismiss Plaintiffs’ Complaint under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6).
Whose motion The government's motion Read by a model
This matter is before the Court on Defendants’ Motion to Dismiss (the “Motion”).
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
Plaintiffs’ claims are DISMISSED WITHOUT PREJUDICE.
Prevailing party Government Read by a model
For the foregoing reasons, the Court respectfully GRANTS Defendant’s Motion to Dismiss [#12].3 Plaintiffs’ claims are DISMISSED WITHOUT PREJUDICE.
The delay claim Dismissed Read by a model
Plaintiffs’ claims are DISMISSED WITHOUT PREJUDICE.
Months pending Not stated Read by a model
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
Thus, deferred action decisions are unreviewable under Section 1252(a)(2)(B)(ii)
U visa claims Bona fide determination: dismissed under 1252(a)(2)(b); Work permit: dismissed under 1252(a)(2)(b); Waiting list: dismissed under 1252(a)(2)(b) Read by a model
BFDs are discretionary and fall under the statutory bar of Section 1252(a)(1)(B)(ii). Therefore, the Court does not have jurisdiction to review this claim.

How the case ended

Docket
No. 1:24-cv-03252
Filed
November 22, 2024
Ended
September 2, 2025
Suit's filing to its end
284 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 Tenth 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.