Mandamus decisions / District of Nevada
Gao v. Wolf
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
Plaintiffs’ allegations arise out of immigration relief petitions currently pending before the 21 United States Citizenship and Immigration Services (“USCIS”). |
|---|---|
| Form or filing |
I-485 (adjustment of status); I-730 (refugee or asylee relative petition)
Read by a model
USCIS to immediately complete its adjudication of Plaintiffs’ I-485 applications and Plaintiff 2 Gao’s son’s I-730 application. |
| What the suit asked for |
Decide the application
Read by a model
USCIS to immediately complete its adjudication of Plaintiffs’ I-485 applications and Plaintiff 2 Gao’s son’s I-730 application. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
Construing Plaintiffs’ complaint liberally and considering that this case is only at the 23 screening stage, these allegations are sufficient to plead a claim upon which relief can be granted 24 under 28 U.S.C. § 1361. |
| Motion decided | None Read by a model |
| Whose motion |
The court on its own
Read by a model
Upon granting an application to proceed in forma pauperis, courts screen the complaint. |
| Disposition |
Granted, neither side prevailed
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
Plaintiffs’ requests to proceed in forma pauperis are GRANTED. |
| Prevailing party |
Neither side
Read by a model
The Court screens the complaint without the benefit of the adversarial process. |
| The delay claim |
The delay claim goes on
Read by a model
Construing Plaintiffs’ complaint liberally and considering that this case is only at the 23 screening stage, these allegations are sufficient to plead a claim upon which relief can be granted 24 under 28 U.S.C. § 1361. |
| Months pending |
30.4 months from the application to the court's decision
Read by a model
on July 16, 2018, Plaintiffs Gao and Liu each filed an I-485 |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings | None Read by a model |
How the case ended
- Docket
- No. 2:21-cv-00055
- Filed
- January 11, 2021
- Ended
- September 30, 2021
- Suit's filing to its end
- 262 days
- How it ended
- Ended once the agency acted
- From the record
- stipulated dismissal 2021-09-30; idb disp 12 (dismissed: voluntarily)
A voluntary or stipulated dismissal is how most suits end once the agency acts; the docket rarely says why.
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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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.