Mandamus decisions / District of Montana
Lourdes Kathleen Benitez-Field v. Jefferson Sessions et al.
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.
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
Count I seeks a writ of mandamus to compel the USCIS to adjudicate Benitez-Field's U visa and VAWA petitions. |
|---|---|
| Form or filing |
I-360 (special immigrant petition); I-918 (U visa)
Read by a model
Count I seeks a writ of mandamus to compel the USCIS to adjudicate Benitez-Field's U visa and VAWA petitions. |
| What the suit asked for |
Decide the application
Read by a model
Count I seeks a writ of mandamus to compel the USCIS to adjudicate Benitez-Field's U visa and VAWA petitions. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
the court will dismiss this case with prejudice and grant Defendants' motion to lift the stay. |
| Motion decided |
Motion to dismiss for lack of jurisdiction; Preliminary injunction or TRO; Summary judgment
Read by a model
Temporary Restraining Order and/or Preliminary Injunction (Doc. 29) is DENIED for lack of jurisdiction. (3) Plaintiffs motion for Summary Judgment (Doc. 39) is DENIED for lack of jurisdiction; (4) Defendants' Motion to Dismiss for Lack of Jurisdiction |
| Whose motion |
Cross-motions
Read by a model
(3) Plaintiffs motion for Summary Judgment (Doc. 39) is DENIED for lack of jurisdiction; (4) Defendants' Motion to Dismiss for Lack of Jurisdiction (Doc. 43) is |
| Disposition |
Dismissed
The case or every delay claim was dismissed for a reason other than mootness.
Read by a model
Because Benitez-Field has already received the relief she requests under Count I, the Court finds that this claim is now moot and must be dismissed. |
| Prevailing party |
Government
Read by a model
Because Benitez-Field has already received the relief she requests under Count I, the Court finds that this claim is now moot and must be dismissed. |
| The delay claim |
Moot: the agency acted
Read by a model
Because Benitez-Field has already received the relief she requests under Count I, the Court finds that this claim is now moot and must be dismissed. |
| The other claims |
Dismissed
Read by a model
the Court finds that it lacks jurisdiction to review Counts III through VII and they must be dismissed. |
| Months pending |
63.9 months from the application to the agency's action
Read by a model
On November 14, 2016, the AAO denied Benitez-Field's motions to reopen and reconsider the denials of her U visa and VAWA applications. |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings |
Held moot
Read by a model
Because Benitez-Field has already received the relief she requests under Count I, the Court finds that this claim is now moot and must be dismissed. |
| U visa claims |
Final decision: moot: the agency acted; Other U visa claim: dismissed
Read by a model
Because Benitez-Field has already received the relief she requests under Count I, the Court finds that this claim is now moot and must be dismissed. |
| Nationality |
Spain
Read by a model
Plaintiff Lourdes Kathleen Benitez-Field ("Benitez-Field") is a citizen of Spain |
How the case ended
- Docket
- No. 9:13-cv-00031
- Filed
- January 31, 2013
- Ended
- March 16, 2017
- Suit's filing to its end
- 1,505 days
- How it ended
- Ended once the agency acted
- 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.
Supreme Court and Ninth 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.
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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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Independence Mining Co. v. Babbitt, 105 F.3d 502
Ninth Circuit, January 23, 1997. Mandamus and APA § 706(1) claims to compel delayed agency action are analyzed alike under the TRAC factors.
ImmCite: treatment available, history exists, not clearance
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Vaz v. Neal, 33 F.4th 1131
Ninth Circuit, May 9, 2022. Section 706(1) compels only a clear, mandatory and discrete duty that has been unreasonably delayed under TRAC, and the APA's prerequisites go to the merits while § 1331 supplies jurisdiction.
ImmCite: unchecked, treatment not confirmed yet, not evidence either way. ImmCite has found no published decision citing this case as of 2026-11-10; it checks for new citing decisions daily. That is not a determination that the case is good law. The citation index lists 145 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.