Mandamus decisions / Northern District of Georgia
Diallo v. Reno
Read the decisionOriginal on CourtListener
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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 | Not recorded Read by a model |
|---|---|
| Form or filing |
I-485 (adjustment of status)
Read by a model
adjustment of status application (I-485) |
| 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
Similarly, the court hereby holds that this court lacks jurisdiction and therefore, GRANTS defendants' motion to dismiss. |
| Motion decided |
Motion to dismiss for lack of jurisdiction
Read by a model
Similarly, the court hereby holds that this court lacks jurisdiction and therefore, GRANTS defendants' motion to dismiss. |
| Whose motion |
Cross-motions
Read by a model
1) defendants' motion to dismiss or in the alternative motion for summary judgment [# 8]; and 2) plaintiffs' motion to stay removal proceedings [# 2]. |
| Disposition |
Dismissed
The case or every delay claim was dismissed for a reason other than mootness.
Read by a model
Similarly, the court hereby holds that this court lacks jurisdiction and therefore, GRANTS defendants' motion to dismiss. |
| Prevailing party |
Government
Read by a model
Similarly, the court hereby holds that this court lacks jurisdiction and therefore, GRANTS defendants' motion to dismiss. |
| The other claims |
Dismissed
Read by a model
Similarly, the court hereby holds that this court lacks jurisdiction and therefore, GRANTS defendants' motion to dismiss. |
| Months pending |
26.5 months from the application to the suit; 12 months from the application to the agency's action
Read by a model
on November 26, 1997, the INS issued a decision denying Mr. Diallo's application for adjustment of status based on that assumption. |
| 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, 8 U.S.C. 1252(a)(2)(B)(i) precludes judicial review of a § 1255 denial of adjustment of status. |
How the case ended
This decision is not linked to a docket in the docket record yet, so how the case ended is not shown.
Supreme Court and Eleventh 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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Kanapuram v. Director, USCIS, 131 F.4th 1302
Eleventh Circuit, March 20, 2025. Section 1252(a)(2)(B)(ii) strips district courts of jurisdiction over APA unreasonable-delay claims about pending adjustment applications where the delay is part of the discretionary adjudication process, including retrogression holds.
ImmCite: treatment available, history exists, not clearance. ImmCite has read all 2 published decisions citing this case, as of 2026-11-02; none treats it adversely. That describes those decisions; it is not a determination that the case is good law.