Mandamus decisions / District of Arizona

Abramian v. Bondi

District of ArizonaSharad H DesaiDecided November 17, 2025No. 2:25-cv-04256

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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	ICE Read by a model Petitioners also argue they are challenging the “BIA’s unexplained denial of a stay and 2 ICE’s attempt to execute removal while a motion to reopen is pending.”
Form or filing	None named Read by a model
What the suit asked for	Not recorded Read by a model
Kind of order	A ruling on a motion or the petition Read by a model Accordingly, the Court will dismiss the Petition and this action.
Motion decided	Preliminary injunction or TRO Read by a model (2) Petitioners’ Motion for Temporary Restraining Order and Preliminary 2 Injunction (Doc. 2) is denied.
Whose motion	The court on its own Read by a model District courts are directed to screen habeas corpus petitions 4 before requiring the government to file a response.
Disposition	Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model (1) Petitioners’ Petition Under 28 U.S.C. § 2241 For A Writ Of Habeas Corpus 28 By A Person In Federal Custody (Doc. 1) and this action are dismissed.
Prevailing party	Government Read by a model (1) Petitioners’ Petition Under 28 U.S.C. § 2241 For A Writ Of Habeas Corpus 28 By A Person In Federal Custody (Doc. 1) and this action are dismissed.
The other claims	Dismissed Read by a model Accordingly, the Court will dismiss the Petition and this action.
Months pending	Not stated Read by a model
TRAC factors	The court did not weigh the TRAC factors Read by a model
Threshold rulings	Section 1252(a)(2)(B) bar applied Read by a model Insofar as Petitioners seek review of the BIA’s decision to deny their motion 5 to stay, such claim is barred from review by 8 U.S.C. § 1252 (a)(2)(B)(ii).
Nationality	Georgia Read by a model Petitioners are natives and citizens of Georgia

How the case ended

Docket: No. 2:25-cv-04256
Filed: November 16, 2025
Ended: November 17, 2025
Suit's filing to its end: 1 days
How it ended: Ended, outcome not recorded
From the record: idb disp 6 (judgment: motion before trial), judgment for unknown

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 3, 2026. Check the current status before relying on one.

Kucana v. Holder, 558 U.S. 233

Supreme Court, January 20, 2010. Section 1252(a)(2)(B)(ii) bars review only of decisions whose discretionary character is specified by statute, not discretion the agency gives itself by regulation.

ImmCite: treatment available, history exists, not clearance
Patel v. Garland, 596 U.S. 328

Supreme Court, May 16, 2022. Section 1252(a)(2)(B)(i) bars review of any judgment regarding the granting of the listed forms of relief, including the factual findings on which a denial of adjustment rests.

ImmCite: treatment available, history exists, not clearance
Bouarfa v. Mayorkas, 604 U.S. 6

Supreme Court, December 10, 2024. Revoking an approved visa petition under § 1155 is a discretionary decision or action that § 1252(a)(2)(B)(ii) places beyond judicial review.

ImmCite: treatment available, history exists, not clearance
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
Spencer Enterprises, Inc. v. United States, 345 F.3d 683

Ninth Circuit, September 17, 2003. Section 1252(a)(2)(B)(ii) covers only discretion specified by statute, so denials of EB-5 investor petitions remain reviewable; the Tenth Circuit declined to follow it, but it binds in the Ninth.

ImmCite: caution, adverse or limiting treatment found. Rejected in the Tenth Circuit by Yerkovich v. Ashcroft, 381 F.3d 990 (2004).
Vega v. USCIS, 65 F.4th 469

Ninth Circuit, April 14, 2023. If a statute makes a decision wholly discretionary, regulations or agency practice cannot make it reviewable or exempt it from § 1252(a)(2)(B)(ii).

ImmCite: treatment available, history exists, not clearance
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
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.