Judges / Eastern District of New York

Brian Mark Cogan

Written decisions in the mandamus and agency-delay group that Judge Brian Mark Cogan signed, every one listed below, and the agency-delay suits that name the judge.

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.

Read these counts as a record of past decisions, not a rate at which this judge rules for either side and not a prediction. Each decision turned on its own facts, its posture and what the parties asked for; the suits that reach a written decision are the contested minority. Read the decisions before drawing anything from them.

How the decisions came out

This page counts 14 of the group's written decisions, from 13 cases; the newest of them was decided January 2, 2025. The line at the top counts the whole group.

14written decisions
13cases they come from
7decisions weigh the TRAC factors
–median months from the application to the suit

Each case counts once in these outcome counts, by its latest decision here: the 1 other order in those cases is listed with their case, not counted again. A motion to dismiss denied and a later judgment for the government count as the judgment. How decisions are grouped into cases.

Disposition, by case

  • Denied (either side's motion)1
  • Dismissed6
  • Dismissed as moot6

Prevailing party, by case

  • Government7
  • Neither side6

Months from the application to the suit

Fewer than five cases state it (4); no distribution is shown.

1 of these is a section 1447(b) naturalization suit, whose months run from the application; the statute's 120 days run from the interview, which these figures do not measure.

Months from the application to the court's decision

30.8 months at the median; half fall between 21.1 and 41.8. 8 decisions state it.

Leaves out the 4 decisions holding that the agency had acted: their months to the decision are not a delay.

What the suits asked for, by case

  • Decide the application10
  • Naturalization hearing or remand (1447(b))1
  • Some other action2

Agency, by case

  • USCIS10
  • Department of State3

Form or filing, by case

  • I-485 (adjustment of status)5
  • DS-260 (immigrant visa)3
  • I-730 (refugee or asylee relative petition)3
  • N-400 (naturalization)2
  • I-130 (relative petition)1
  • I-601 (waiver)1

Decisions by year

TRAC rulings

Decisions in which the judge weighed the TRAC factors, newest first, with how the judge found each factor. Factors the decision did not reach are left blank.

DecisionDecided1. Rule of reason2. Congressional timetable3. Human health and welfare4. Competing priorities5. Interests prejudiced6. No impropriety neededDisposition
Plesha v. Garland December 26, 2024 favors the governmentfavors the applicantfavors the governmentfavors the applicant Dismissed
Sunny v. Biden, Jr. August 30, 2023 favors the government Dismissed
Sajib v. Renaud April 8, 2022 favors the governmentfavors the governmentfavors the governmentfavors the government Dismissed as moot
Al Saidi v. U.S. Embassy in Djibouti June 18, 2021 favors the governmentfavors the government Denied in the government's favor
Xu v. Johnson May 31, 2018 favors the governmentfavors the government Dismissed as moot
Lu v. Sessions May 24, 2018 favors the governmentfavors the government Dismissed as moot
Gong v. Duke October 17, 2017 favors the governmentfavors the government Dismissed

Every decision, by case

All 14 of the judge's decisions in the group, in 13 cases, newest first. Each case's latest decision comes first and is the one the counts above count; the case's other orders follow it. Download every decision as a spreadsheet (CSV).

DecisionDecidedAgencyFormDispositionPrevailing party
Shashiashvili v. Garland January 2, 2025 USCIS I-485 Dismissed as moot Neither side
Plesha v. Garland December 26, 2024 USCIS I-601 Dismissed Government
Ilahi v. Bitter October 6, 2023 Department of State DS-260 Dismissed Government
Sunny v. Biden, Jr. August 30, 2023 Department of State DS-260 Dismissed Government
Sajib v. Renaud April 8, 2022 USCIS I-485 Dismissed as moot Neither side
Yang v. Houghton December 13, 2021 USCIS I-730 Dismissed Government
Al Saidi v. U.S. Embassy in Djibouti June 18, 2021 USCIS I-130 Denied in the government's favor Government
Gittens v. Barr and 1 other order in this case, below April 6, 2020 USCIS N-400 Dismissed Government
Other order in this case Gittens v. Barr February 12, 2020 Not recorded N-400 Dismissed Government
Alharbi v. Miller March 26, 2019 Department of State DS-260 Dismissed as moot Neither side
Xu v. Johnson May 31, 2018 USCIS I-485 Dismissed as moot Neither side
Lu v. Sessions May 24, 2018 USCIS I-485, I-730 Dismissed as moot Neither side
Gong v. Duke October 17, 2017 USCIS I-485, I-730 Dismissed Government
Hassan v. Holder July 28, 2009 USCIS N-400 Dismissed as moot Neither side

How agency-delay suits ended

Most suits end without a written decision: the agency acts and the parties dismiss. These counts come from the docket record (the federal courts' Integrated Database and CourtListener) and count every mandamus, APA and section 1447(b) suit against any immigration agency, whatever year it was filed, among the dockets that name this judge. Check a delay counts fewer: a court's suits of the last three years against the form's agency.

67suits in the docket record
67have ended
0still pending
41median days from the suit's filing to its end

How the ended suits ended

  • Ended once the agency actedThe plaintiff dismissed, the parties stipulated to dismissal, or the court dismissed as moot: how suits end once the agency decides. The docket rarely says why, or whether the agency approved or denied.50
  • Dismissed on jurisdiction or the meritsDismissed for want of jurisdiction or on the TRAC factors, or judgment for the government.15
  • Dismissed, ground not recordedThe court dismissed and the record gives no ground: it can be a dismissal as moot after the agency acted, for want of prosecution, or a loss.1
  • TransferredMoved to another district court.1

Days from the suit's filing to its end

41 days at the median; half fall between 29 and 61.5. 67 dockets state it.

Days from the suit's filing to its end, when it ended once the agency acted

36 days at the median; half fall between 28 and 49. 50 dockets state it.

11 of these suits have a written decision in the group.