Mandamus decisions / District of Alaska
Benedelova v. United States Citizenship & Immigration Services
Read the decisionOriginal on CourtListener
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.
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
Defendants ask the Court to exercise its discretion and remand this matter to USCIS for adjudication, asserting that “the agency is uniquely suited to determine eligibility for naturalization” and “is prepared to issue a final decision within 7 days of the Court’s order.”18 |
|---|---|
| Form or filing |
N-400 (naturalization)
Read by a model
On January 24, 2025, Plaintiffs filed their N-400 naturalization applications for U.S. citizenship and submitted the foregoing letters from the Division of Elections.6 |
| What the suit asked for |
Naturalization hearing or remand (1447(b))
Read by a model
Plaintiffs request that this Court exercise its authority to “grant Plaintiffs’ naturalization applications,” in light of USCIS’s failure to make determinations on their applications within 120 days of their interviews.16 |
| Kind of order |
A ruling on a motion or the petition
Read by a model
For the foregoing reasons, Defendants’ Motion to Remand at Docket 6 is DENIED. |
| Motion decided |
Remand under 1447(b)
Read by a model
Motion to Remand Pursuant to 8 U.S.C. § 1447(b). |
| Whose motion |
The government's motion
Read by a model
Defendants’ Motion to Remand at Docket 6 is DENIED. |
| Disposition |
Government's motion denied; the case goes on
The government's motion (to dismiss, or for summary judgment) was denied, so the case goes on. Counted as the applicant's ruling; a later decision in the case can still go either way.
Read by a model
For the foregoing reasons, Defendants’ Motion to Remand at Docket 6 is DENIED. |
| Prevailing party |
Applicant
Read by a model
For the foregoing reasons, Defendants’ Motion to Remand at Docket 6 is DENIED. |
| The delay claim |
Not decided here
Read by a model
For the foregoing reasons, Defendants’ Motion to Remand at Docket 6 is DENIED. |
| Months pending |
10.8 months from the application to the suit; 7.3 months from the application to the agency's action
A section 1447(b) suit: these months run from the naturalization application. The statute's 120 days run from the interview, which they do not measure.
Read by a model
On September 2, 2025, USCIS approved Plaintiffs’ applications |
| Months since the naturalization interview |
0.9 months from the interview (2025-08-05)
Read by a model
On August 5, 2025, Plaintiffs appeared for their naturalization interviews in Kodiak |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings | None Read by a model |
| Nationality |
Czech Republic
Read by a model
Plaintiffs Eva Benedelova and Pavel Benedela are both citizens of the Czech Republic |
How the case ended
- Docket
- No. 3:25-cv-00358
- On the docket
- This ruling (ECF 22), deciding the motion (ECF 6)
- Filed
- December 18, 2025
- Ended
- June 1, 2026
- Suit's filing to its end
- 165 days
- How it ended
- Remanded to the agency
- From the record
- remand order 2026-06-01; idb disp 17 (judgment: other), judgment for plaintiff
A voluntary or stipulated dismissal is how most suits end once the agency acts; the docket rarely says why. Other suits in this court.
The ruling's entry is the docket's one order or judgment entered the day of the decision, and the motion number is read from that entry's text. Both come from CourtListener's copy of the docket; check them there.
Supreme Court and Ninth 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.
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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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Yith v. Nielsen, 881 F.3d 1155
Ninth Circuit, February 7, 2018. The 'examination' that starts § 1447(b)'s 120-day clock is the interview, a notice to appear is not a warrant of arrest under § 1429, and USCIS fails to make a determination when it misses the deadline; the Sixth Circuit's Ebu disagrees in part.
ImmCite: caution, adverse or limiting treatment found. Rejected in the Sixth Circuit by Joseph Ebu v. USCIS, 134 F.4th 895 (2025).
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Independence Mining Co. v. Babbitt, 105 F.3d 502
Ninth Circuit, January 23, 1997. Mandamus and APA § 706(1) claims to compel delayed agency action are analyzed alike under the TRAC factors.
ImmCite: treatment available, history exists, not clearance
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Vaz v. Neal, 33 F.4th 1131
Ninth Circuit, May 9, 2022. Section 706(1) compels only a clear, mandatory and discrete duty that has been unreasonably delayed under TRAC, and the APA's prerequisites go to the merits while § 1331 supplies jurisdiction.
ImmCite: unchecked, treatment not confirmed yet, not evidence either way. ImmCite has found no published decision citing this case as of 2026-11-10; it checks for new citing decisions daily. That is not a determination that the case is good law. The citation index lists 145 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.