Mandamus decisions / Western District of Virginia
Sandoval v. Robinson
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
The plaintiffs, a U.S. citizen and her noncitizen husband, filed this suit under the Administrative Procedure Act (APA) and the Mandamus Act, alleging that the U.S. Citizenship and Immigration Services (USCIS) has unreasonably delayed adjudication of their immigration proceedings. |
|---|---|
| Form or filing |
I-130 (relative petition); I-485 (adjustment of status)
Read by a model
On November 22, 2024, plaintiff Carrie Marie Mohr, a U.S. citizen, filed an I–130 petition with USCIS on behalf of her noncitizen husband, plaintiff Alber Delcid Sandoval. That same day, plaintiff Sandoval filed an I–485 application for adjustment of status. |
| What the suit asked for |
Decide the application
Read by a model
The plaintiffs challenged the reasonableness of USCIS’s delay in adjudication and sought to compel the agency to adjudicate their immigration forms within 30 days. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
I have orally denied both of the defendants’ motions and this opinion sets forth my reasoning. |
| Motion decided |
Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim
Read by a model
The defendants moved to strike the plaintiffs’ first amended complaint, and alternatively, to dismiss the case for lack of subject-matter jurisdiction and failure to state an actionable claim. |
| Whose motion |
The government's motion
Read by a model
The defendants moved to strike the plaintiffs’ first amended complaint, and alternatively, to dismiss the case for lack of subject-matter jurisdiction and failure to state an actionable claim. |
| Disposition |
Denied in the applicant's favor
The principal motion was denied in full: a motion to dismiss denied so the case goes on, or relief denied on the merits.
Read by a model
I have orally denied both of the defendants’ motions and this opinion sets forth my reasoning. |
| Prevailing party |
Applicant
Read by a model
The parties argued the pending motions on May 26, 2026, and at the end of the hearing I orally denied the defendants’ motions to dismiss and strike. |
| The delay claim |
The delay claim goes on
Read by a model
I have orally denied both of the defendants’ motions and this opinion sets forth my reasoning. |
| Months pending |
14.7 months from the application to the suit; 19 months from the application to the court's decision
Read by a model
On November 22, 2024, plaintiff Carrie Marie Mohr, a U.S. citizen, filed an I–130 petition with USCIS on behalf of her noncitizen husband, plaintiff Alber Delcid Sandoval. That same day, plaintiff Sandoval filed an I–485 application for adjustment of status. |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings |
Section 1252(a)(2)(B) bar rejected
Read by a model
As in Lovo, I find that the alleged delay in adjudicating the plaintiffs’ immigration forms is not a “decision or action” under § 1252(a)(2)(B). |
| I-130 category |
Immediate relative
Read by a model
On November 22, 2024, plaintiff Carrie Marie Mohr, a U.S. citizen, filed an I–130 petition with USCIS on behalf of her noncitizen husband, plaintiff Alber Delcid Sandoval. |
How the case ended
- Docket
- No. 1:26-cv-00029
- Filed
- February 11, 2026
- Ended
- August 5, 2026
- Suit's filing to its end
- 175 days
- How it ended
- Ended once the agency acted
- From the record
- stipulated dismissal 2026-08-05
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.