Mandamus decisions / District of Columbia
PARK v. EDLOW
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
As to the first TRAC factor, the parties do not dispute that the length of time that USCIS processes visa applications is governed by a rule of reason. |
|---|---|
| Form or filing |
I-526E (investor petition)
Read by a model
Plaintiff paid the appropriate fees and filed the instant I-526E Petition on January 5, 2024, to which USCIS assigned Case Number IOE8079101172. |
| What the suit asked for |
Decide the application
Read by a model
Plaintiff filed the instant complaint on February 17, 2026, seeking “to compel Defendants to make a decision on h[er] long-pending I-526E petition without further unreasonable day.” |
| Kind of order |
A ruling on a motion or the petition
Read by a model
For the foregoing reasons, defendants’ motion to dismiss is granted. |
| Motion decided |
Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim
Read by a model
The subject-matter jurisdiction challenges brought under Federal Rule of Civil Procedure 12(b)(1) are considered first and rejected, and then the challenge for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6) is considered and found persuasive. |
| Whose motion |
The government's motion
Read by a model
For the foregoing reasons, defendants’ motion to dismiss is granted. |
| Disposition |
Dismissed
The case or every delay claim was dismissed for a reason other than mootness.
Read by a model
For the foregoing reasons, defendants’ motion to dismiss is granted. |
| Prevailing party |
Government
Read by a model
For the foregoing reasons, defendants’ motion to dismiss is granted. |
| The delay claim |
Dismissed
Read by a model
Taking all six TRAC factors together, plaintiff has not stated a claim of unreasonable delay under the Mandamus Act or the APA. |
| Months pending |
25.4 months from the application to the suit; 30.3 months from the application to the court's decision
Read by a model
Plaintiff paid the appropriate fees and filed the instant I-526E Petition on January 5, 2024, to which USCIS assigned Case Number IOE8079101172. |
| TRAC factors |
The court weighed the TRAC factors
This factor favors defendants. |
| The government's delay arguments |
First-in, first-out processing accepted; Line-jumping accepted
Read by a model
Accordingly, no basis is presented to conclude that defendants deviated from their policy other than the length of the delayed adjudication. |
| Threshold rulings |
Section 1252(a)(2)(B) bar rejected
Read by a model
Accordingly, neither 8 U.S.C. § 1252(a)(2)(B)(ii) nor 5 U.S.C. § 701(a) preclude judicial review of plaintiff’s claims presented to this Court. |
| Nationality |
South Korea
Read by a model
Plaintiff Eun Young Park, a citizen of South Korea, |
How the case ended
- Docket
- No. 1:26-cv-00504
- Filed
- February 17, 2026
- Status
- Pending as of the last docket check
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 D.C. 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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Telecommunications Research & Action Center v. FCC, 750 F.2d 70
D.C. Circuit, October 24, 1984. Whether agency delay is unreasonable turns on six factors: a rule of reason, any statutory timetable, the human welfare interests at stake, the effect of expediting on competing priorities, the interests prejudiced by delay, and no need to find impropriety.
ImmCite: treatment available, history exists, not clearance
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Mashpee Wampanoag Tribal Council, Inc. v. Norton, 336 F.3d 1094
D.C. Circuit, August 8, 2003. A claim that an agency has unreasonably delayed a matter arises under the APA and § 1331, and the TRAC factors decide whether the delay is unreasonable.
ImmCite: treatment available, history exists, not clearance
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In re Core Communications, Inc., 531 F.3d 849
D.C. Circuit, July 8, 2008. Mandamus to compel unreasonably delayed agency action is an extraordinary remedy guided by the TRAC factors, granted here after years of unexplained delay.
ImmCite: treatment available, history exists, not clearance
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Da Costa v. Immigration Investor Program Office, 80 F.4th 330
D.C. Circuit, August 18, 2023. EB-5 petition delays of roughly four years were not unreasonable under TRAC where USCIS adjudicates in a rule-of-reason order and expediting the plaintiffs would only move them ahead of others in the queue.
ImmCite: treatment available, history exists, not clearance
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American Hospital Ass'n v. Burwell, 812 F.3d 183
D.C. Circuit, February 9, 2016. A delay claim under the Mandamus Act requires a clear duty, a clear right and no adequate alternative remedy, and the TRAC factors then decide whether the delay warrants relief, with a statutory deadline weighing heavily.
ImmCite: treatment available, history exists, not clearance
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Afghan and Iraqi Allies v. Blinken, 103 F.4th 807
D.C. Circuit, June 7, 2024. TRAC governs visa-processing delay claims in district court, a court that finds unreasonable delay may set adjudication deadlines, and expediting a whole class in queue order is not line-jumping.
ImmCite: unchecked, treatment not confirmed yet, not evidence either way. ImmCite has found no published decision citing this case as of 2026-10-28; it checks for new citing decisions daily. That is not a determination that the case is good law. The citation index lists 49 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.