Mandamus decisions / Northern District of California
Lashkari v. Rubio
Read the decisionOriginal on CourtListener
2,914 written decisions from 2,661 cases in the whole mandamus and agency-delay group, the group's newest decided October 30, 2026. Updated November 3, 2026 at 1:24 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 |
Department of State
Read by a model
On June 7, 2025, the State Department announced a “No Visa Policy,” which suspended both entry for and visa issuance to nationals of those countries. |
|---|---|
| Form or filing |
221(g) (consular refusal); DS-260 (immigrant visa)
Read by a model
On January 28, 2026, the embassy e-mailed a “refusal letter” to Plaintiff P. Lashkari, informing him that A. Lashkari had been found “ineligible for an immigrant visa under Section 212(f)” pursuant to the Presidential Proclamations. |
| What the suit asked for |
Finish 221(g) processing
Read by a model
(6) the unreasonable delay of adjudication of the immigrant visa is in violation of the APA, and (7) the failure to adjudicate Plaintiffs’ visa application is in violation of the Mandamus Act. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
the Court GRANTS IN PART and DENIES IN PART Defendants’ motion to dismiss. |
| Motion decided |
Motion to dismiss for failure to state a claim
Read by a model
Pending before the Court is Defendants’ motion to dismiss. |
| Whose motion |
The government's motion
Read by a model
Pending before the Court is Defendants’ motion to dismiss. |
| Disposition |
Dismissed in part; some claims go on
The government's motion to dismiss was granted in part: some claims were dismissed and others go on.
Read by a model
The Court DISMISSES Plaintiff’s first and fourth through seventh claims, as well as the second and third claims with prejudice to the extent they are based on the individualized decision on Plaintiff A. Lashkari’s visa application. |
| Prevailing party |
Each side in part
Read by a model
The Court DISMISSES Plaintiff’s first and fourth through seventh claims, as well as the second and third claims with prejudice to the extent they are based on the individualized decision on Plaintiff A. Lashkari’s visa application. |
| The delay claim |
Dismissed
Read by a model
The Court DISMISSES Plaintiff’s first and fourth through seventh claims, as well as the second and third claims with prejudice to the extent they are based on the individualized decision on Plaintiff A. Lashkari’s visa application. |
| The other claims |
Some dismissed, some go on
Read by a model
The Court DISMISSES Plaintiff’s first and fourth through seventh claims, as well as the second and third claims with prejudice to the extent they are based on the individualized decision on Plaintiff A. Lashkari’s visa application. |
| Months pending |
12.8 months from the application to the suit; 23.7 months from the application to the court's decision
Read by a model
After the petitions were approved, Plaintiff A. Lashkari and his wife were interviewed by a consular officer on October 31, 2024. |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings |
Consular nonreviewability applied; Consular nonreviewability rejected
Read by a model
Accordingly, the Court finds that to the extent Plaintiff brings claims that challenge the decision on Plaintiff A. Lashkari’s application, such claims must be dismissed pursuant to the doctrine of consular nonreviewability. |
| Nationality |
Iran
Read by a model
Plaintiff P. Lashkari is a United States citizen who filed Form I-130 petitions on behalf of his parents, who are Iranian citizens. |
| 212(f) proclamation |
Proclamation 10949
Read by a model
On December 16, 2025, Defendant Trump issued Proclamation 10998, which expanded Proclamation 10949’s entry ban and removed exemptions, including for immediate relatives of U.S. citizens. |
| I-130 category |
Immediate relative
Read by a model
Plaintiff P. Lashkari is a United States citizen who filed Form I-130 petitions on behalf of his parents, who are Iranian citizens. |
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, this one. How decisions are grouped into cases.
| Decision | Decided | Judge | Disposition |
|---|---|---|---|
| Lashkari v. Rubio | June 5, 2026 | Kandis A. Westmore | Denied in the applicant's favor |
| Lashkari v. RubioThis decisionThe case's latest decision: its outcome is the one counted | October 21, 2026 | Kandis A. Westmore | Dismissed in part; some claims go on |
How the case ended
- Docket
- No. 4:25-cv-10278
- Filed
- November 26, 2025
- Status
- Pending as of the last docket check
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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Department of State v. Muñoz, 602 U.S. 899
Supreme Court, June 21, 2024. A U.S. citizen has no fundamental liberty interest in a noncitizen spouse's admission, so marriage alone entitles the citizen neither to Mandel review of the consular refusal nor to an explanation beyond the statutory citation.
ImmCite: treatment available, history exists, not clearance
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Trump v. Hawaii, 585 U.S. 667
Supreme Court, June 26, 2018. Mandel's facially-legitimate-and-bona-fide standard governs constitutional challenges to entry restrictions, and a citation to a valid statutory ground ordinarily satisfies it.
ImmCite: treatment available, history exists, not clearance
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Kleindienst v. Mandel, 408 U.S. 753
Supreme Court, June 29, 1972. When a visa refusal burdens a U.S. citizen's own constitutional rights, courts ask only whether the Executive gave a facially legitimate and bona fide reason and do not look behind it.
ImmCite: treatment available, history exists, not clearance
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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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Allen v. Milas, 896 F.3d 1094
Ninth Circuit, July 24, 2018. The APA provides no avenue for review of a consular visa refusal beyond Mandel's facially-legitimate-and-bona-fide inquiry, and consular nonreviewability is not a jurisdictional bar.
ImmCite: treatment available, history exists, not clearance. ImmCite has read all 8 published decisions citing this case, as of 2026-10-31; none treats it adversely. That describes those decisions; it is not a determination that the case is good law.
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Sanchez Gonzalez v. United States Department of State, No. 23-4205 (9th Cir. Apr. 30, 2026)
Ninth Circuit, April 30, 2026. After Muñoz, a citizen spouse's own First Amendment interest triggered Mandel review, which a facially legitimate and bona fide reason satisfied absent a showing of bad faith.
ImmCite: unchecked, treatment not confirmed yet, not evidence either way. ImmCite has found no published decision citing this case as of 2026-10-18; it checks for new citing decisions daily. That is not a determination that the case is good law.
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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.