Mandamus decisions / Northern District of California
Dang v. Mayorkas
Read the decisionOriginal on CourtListener
2,917 written decisions from 2,664 cases in the whole mandamus and agency-delay group, the group's newest decided October 30, 2026. Updated November 3, 2026 at 7:07 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
He originally filed the application with the Los Angeles Asylum Office of United 20 States Citizenship and Immigration Services (USCIS), but then moved to the San Francisco Bay 21 Area and reported his change of address to the San Francisco Asylum Office. |
|---|---|
| Form or filing |
I-589 (asylum)
Read by a model
The plaintiff Qi Dang is a Chinese citizen who applied for asylum in the United States on 19 March 11, 2020. |
| What the suit asked for |
Decide the asylum application
Read by a model
to compel the defendants to act on 25 26 27 1 his asylum application. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
The court denies the plaintiff's motion for summary judgment and grants the defendants’ 21 cross-motion for summary judgment and will separately issue a judgment. |
| Motion decided |
Summary judgment
Read by a model
The court denies the plaintiff's motion for summary judgment and grants the defendants’ 21 cross-motion for summary judgment and will separately issue a judgment. |
| Whose motion |
Cross-motions
Read by a model
The parties cross-moved for summary judgment. |
| Disposition |
Granted in the government's favor
The principal motion was granted in full: summary judgment for either side, an injunction or TRO, a writ or order to act, fees. A motion to dismiss granted in full counts as Dismissed; a transfer is listed apart.
Read by a model
The court denies the plaintiff's motion for summary judgment and grants the defendants’ 21 cross-motion for summary judgment and will separately issue a judgment. |
| Prevailing party |
Government
Read by a model
The court denies the plaintiff's motion for summary judgment and grants the defendants’ 21 cross-motion for summary judgment and will separately issue a judgment. |
| The delay claim |
Relief denied
Read by a model
The court denies the plaintiff's motion for summary judgment and grants the defendants’ 21 cross-motion for summary judgment and will separately issue a judgment. |
| Months pending |
44.2 months from the application to the court's decision
Read by a model
applied for asylum in the United States on 19 March 11, 2020. |
| TRAC factors |
The court weighed the TRAC factors
This factor thus leans in favor of the defendants. |
| The government's delay arguments |
First-in, first-out processing accepted; Line-jumping accepted
Read by a model
courts have consistently held that the defendants’ 20 prioritization system known as “last in first out” supplies a persuasive rule of reason. |
| Threshold rulings | None Read by a model |
| Nationality |
China
Read by a model
The plaintiff Qi Dang is a Chinese citizen |
How the case ended
- Docket
- No. 3:23-cv-02212
- Filed
- May 5, 2023
- Ended
- November 17, 2023
- Suit's filing to its end
- 196 days
- How it ended
- Dismissed on jurisdiction or the merits
- From the record
- idb disp 6 (judgment: motion before trial), judgment for defendant
A voluntary or stipulated dismissal is how most suits end once the agency acts; the docket rarely says why. Other suits in this court.
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 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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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 2026-11-03; it checks for new citing decisions daily. That is not a determination that the case is good law. The citation index lists 144 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.