Passim

Mandamus decisions / Eastern District of New York

Henriquez v. Ashcroft

Eastern District of New YorkNina GershonDecided July 1, 2003

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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 Not recorded Read by a model
Form or filing N-600 (certificate of citizenship) Read by a model
On November 13, 2001, petitioner filed an application for a certificate of derivative citizenship with the INS.
What the suit asked for Some other action Read by a model
Petitioner pro se, Marlon Henriquez, has filed a "Petition for a Writ of Mandamus," pursuant to 28 U.S.C. § 1651, seeking an order directing Immigration and Naturalization Service (the "INS") to issue a certificate of citizenship.
Kind of order A ruling on a motion or the petition Read by a model
For the above stated reasons, respondent's motion is granted, and the petition for mandamus and for a writ of habeas corpus is denied.
Motion decided Other motion to dismiss Read by a model
Respondent moves to dismiss petitioner's claims on the grounds that (1) this court lacks subject matter jurisdiction to review petitioner's challenge to removal because petitioner is not in the custody of the INS;
Whose motion The government's motion Read by a model
Respondent moves to dismiss petitioner's claims
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
For the above stated reasons, respondent's motion is granted, and the petition for mandamus and for a writ of habeas corpus is denied.
Prevailing party Government Read by a model
For the above stated reasons, respondent's motion is granted, and the petition for mandamus and for a writ of habeas corpus is denied.
The other claims Dismissed Read by a model
For the above stated reasons, respondent's motion is granted, and the petition for mandamus and for a writ of habeas corpus is denied.
Months pending 15 months from the application to the agency's action Read by a model
On February 13, 2003, the INS issued a decision denying petitioner's application.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings None Read by a model

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 Second 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.