Case notes & commentary · Established 2026

litigation.blog

Civil and immigration litigation, written by the lawyers who try the cases.

Section

Immigration

Suits against the federal immigration agencies: mandamus and APA actions over delayed adjudications, naturalization litigation, and federal-court review of agency decisions.

  1. Case note · October 2026

    Forty-Eight Hours: FCC v. Brown and the Writ Against Agency Delay

    Why the Supreme Court stopped the Fourth Circuit’s 48-hour writ against the FCC, what the per curiam left unsaid about unreasonable delay and TRAC, and how it is likely to be quoted in delay suits against USCIS, with the facts that answer it.

    By the Editor

  2. Case note · October 2026

    Fee by Proclamation: Global Nurse Force and the $100,000 H-1B Payment

    What the Northern District of California actually granted, and denied, in Global Nurse Force v. Trump: a procedural remedy with its own expiry condition. Read beside the District of Massachusetts’ taxing-power holding and the First Circuit’s refusal to stay it.

    By the Editor

  3. Case note · August 2026

    Unreasonable by When? Mandamus and the Silent Green-Card File

    When an adjudication goes quiet for years, the district court is not a suggestion box. What the unreasonable-delay cases actually turn on — the jurisdictional bar that is rarely briefed, the two TRAC factors that decide the case, and what the agency’s own published data can be made to prove.

    By the Editor

  4. Case note · August 2026

    The 120-Day Clock: Naturalization Under 8 U.S.C. § 1447(b)

    Examined but undecided: how the 120-day provision moves a naturalization file from the agency’s desk to an Article III judge’s — when the clock starts, whether filing strips the agency of authority, why the Second Circuit has never decided it, and why the door is narrower than it looks.

    By the Editor

The two August notes are intended to be read together: the first covers delay claims under the APA and the mandamus statute, the second the one corner of the field where Congress supplied a hard deadline. Subscribe to the RSS feed for what follows.