Mandamus decisions / District of Columbia
Kwok Sze v. Johnson
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
USCIS, a component of DHS, responded to Plaintiffs request by letter dated May 20, 2011. |
|---|---|
| Form or filing | None named Read by a model |
| What the suit asked for |
Some other action
Read by a model
Specifically, Plaintiff requests that the Court order that he has renounced his citizenship or that USCIS process his renunciation request and issue a Certificate of Loss of Nationality pursuant to Section 1481 (a)(6). |
| Kind of order |
A ruling on a motion or the petition
Read by a model
the Court GRANTS DHS Defendants’ [15] Motion to Dismiss. |
| Motion decided |
Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim
Read by a model
the Court agrees that Plaintiff’s claims under the Mandamus Act are moot and must be dismissed under Rule 12(b)(1), and that Plaintiffs APA and Due Process claims fail to state a claim under Rule 12(b)(6). |
| Whose motion |
Cross-motions
Read by a model
the Court shall grant DHS Defendants’ [15] Motion to Dismiss, and the Court shall dismiss Plaintiffs’ claims against the DHS Defendants. The Court shall deny Plaintiffs Motions for Default-Judgment as to Defendant Annucci |
| Disposition |
Dismissed
The case or every delay claim was dismissed for a reason other than mootness.
Read by a model
This action shall be dismissed in its entirety. |
| Prevailing party |
Government
Read by a model
For the reasons set forth above, the Court shall grant DHS Defendants’ [15] Motion to Dismiss, and the Court shall dismiss Plaintiffs’ claims against the DHS Defendants. |
| The delay claim |
Moot: the agency acted
Read by a model
Plaintiffs request for mandamus relief fails because he has already received all of the relief entitled to him under the Mandamus Act, rendering his claim moot. |
| The other claims |
Dismissed
Read by a model
Plaintiffs APA and Due Process claims fail to state a claim under Rule 12(b)(6). |
| Months pending |
45.9 months from the application to the suit; 36.1 months from the application to the agency's action
Read by a model
USCIS responded by letter dated'April 15, 2014. See USCIS 37-38; Compl., Ex. G. In that letter, USCIS indicated that US-CIS could not proceed with his request |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings |
Held moot
Read by a model
Plaintiffs request for mandamus relief fails because he has already received all of the relief entitled to him under the Mandamus Act, rendering his claim moot. |
| Nationality |
United States
Read by a model
Plaintiff was born in Hong Kong and became a naturalized U.S. citizen in November 1996. |
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 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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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.