Passim

Mandamus decisions / Northern District of Illinois

National Basketball Retired Players Association et al v. United States Citizenship and Immigration Services

Northern District of IllinoisJohn Joseph Tharp Jr.Decided June 20, 2017No. 1:16-cv-09454

Read the decisionOriginal on GovInfo

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
The USCIS has rejected petitions from the NBRPA on Kurdadze’s behalf a total of five times, though in the current suit the plaintiffs are only challenging the agency’s rejection of its April 6, 2016 submission.
Form or filing I-129 (worker petition) Read by a model
The Form I-129 petition listed Kurdadze’s dates of intended employment as running from “10/1/2016” to “06/01/2019,”
What the suit asked for Not recorded Read by a model
Kind of order A ruling on a motion or the petition Read by a model
the motion to dismiss is granted and the case is dismissed with prejudice.
Motion decided Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim; Preliminary injunction or TRO; Summary judgment Read by a model
The NBRPA has moved for a preliminary injunction, an evidentiary hearing, and summary judgment. The USCIS has opposed those motions, and filed its own motion to dismiss the case for lack of subject-matter jurisdiction and for failure to state a claim.
Whose motion Cross-motions Read by a model
the plaintiffs filed a motion for summary judgment. After the USCIS moved to dismiss the case in December 2016 in lieu of answering the complaint
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
the motion to dismiss is granted and the case is dismissed with prejudice.
Prevailing party Government Read by a model
the motion to dismiss is granted and the case is dismissed with prejudice.
The delay claim Dismissed Read by a model
For much the same reason, the plaintiffs have failed to state a claim for mandamus relief under the APA or the mandamus provisions of 28 U.S.C. § 1361.
The other claims Dismissed Read by a model
On the merits, the plaintiffs’ complaint fails as a matter of law because the USCIS acted reasonably in construing the April 2016 application as improperly filed.
Months pending 5.9 months from the application to the suit; 14.5 months from the application to the court's decision Read by a model
The NBRPA filed the visa petition at the center of this lawsuit on April 6, 2016
TRAC factors The court did not weigh the TRAC factors Read by a model
The government's delay arguments Visa availability rejected; Visa availability accepted Read by a model
Closing the filing period does not mean, however, that the agency had actually exhausted the capped number of H- 1B visas—or H-1B status grants—that the statute permits each year.
Threshold rulings Mootness argument rejected Read by a model
To the extent, then, that the plaintiffs’ petition can be construed as a fiscal year 2017 petition, it is not moot;
Nationality Georgia Read by a model
Kurdadze, meanwhile, is a citizen and national of the country of Georgia.

How the case ended

Docket
No. 1:16-cv-09454
Filed
October 3, 2016
Ended
June 20, 2017
Suit's filing to its end
260 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 Seventh 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.