Mandamus decisions / Eastern District of California
Boparai v. Garland
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
Plaintiff filed this action under the 20 Mandamus Act, 8 U.S.C. § 1361 to compel Defendants to act on his I-589 Application for Asylum 21 (“I-589”) by scheduling his interview with the United States Citizenship and Immigration Services 22 (“USCIS”). |
|---|---|
| Form or filing |
I-589 (asylum)
Read by a model
his I-589 Application for Asylum 21 (“I-589”) |
| What the suit asked for |
Decide the asylum application
Read by a model
to compel Defendants to act on his I-589 Application for Asylum 21 (“I-589”) by scheduling his interview with the United States Citizenship and Immigration Services 22 (“USCIS”). |
| Kind of order |
A magistrate judge's recommendation
Read by a model
These findings and recommendations are submitted to the district judge assigned to this 18 action |
| Motion decided |
Motion to dismiss for failure to state a claim; Summary judgment
Read by a model
Defendants now move for either 24 dismissal of Plaintiff's claim pursuant to Federal Rule of Civil Procedure 12(b)(6) or summary 25 judgment pursuant to Federal Rule of Civil Procedure 56. |
| Whose motion |
The government's motion
Read by a model
Defendants now move for dismissal or, in the alternative, summary judgment |
| Disposition |
Magistrate judge's recommendation
A magistrate judge's report and recommendation. The district judge decides whether to adopt it, so it is not counted as either side's win.
Read by a model
These findings and recommendations are submitted to the district judge assigned to this 18 action |
| Prevailing party |
Neither side
Read by a model
These findings and recommendations are submitted to the district judge assigned to this 18 action |
| The delay claim |
Dismissed
Read by a model
Because the Plaintiff cannot establish entitlement to relief under the first prong of the test 12 for mandamus relief, the undersigned recommends the Defendant’s motion be granted. |
| Months pending |
27.7 months from the application to the suit; 32.6 months from the application to the court's decision
Read by a model
Plaintiff is a non-citizen who filed an asylum application with the San Francisco Asylum 16 Office on or about June 25, 2022. |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings | None Read by a model |
Other orders in this case
The group holds 2 decisions from this suit, oldest first. Outcome counts on these pages count the case once, by its latest decision. How decisions are grouped into cases.
| Decision | Decided | Judge | Disposition |
|---|---|---|---|
| Boparai v. GarlandThis decision | March 14, 2025 | Sheila K. Oberto | Magistrate judge's recommendation |
| Boparai v. GarlandThe case's latest decision: its outcome is the one counted | May 1, 2025 | Kirk E. Sherriff | Dismissed |
How the case ended
- Docket
- No. 1:24-cv-01254
- On the docket
- This ruling (ECF 13)
- Filed
- October 16, 2024
- Ended
- May 1, 2025
- Suit's filing to its end
- 197 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.
The ruling's entry is the docket's one order or judgment entered the day of the decision. 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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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.