Passim

Mandamus decisions / Northern District of California

Abbasfar v. Chertoff

Northern District of CaliforniaPatricia v. TrumbullDecided August 21, 2007No. 5:07-cv-01155

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.

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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 USCIS Read by a model
Defendants argue that this provision precludes review of the pace at which USCIS adjudicates applications for adjustment of status.
Form or filing I-485 (adjustment of status) Read by a model
each filed an I-485 application to adjust their status to that of a lawful permanent resident
What the suit asked for Decide the application Read by a model
to adjudicate their I-485 applications.
Kind of order A ruling on a motion or the petition Read by a model
ORDER DENYING RESPONDENTS’ MOTION TO DISMISS UNDER RULE 12(b)(1) AND RULE 12(b)(6)
Motion decided Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim Read by a model
ORDER DENYING RESPONDENTS’ MOTION TO DISMISS UNDER RULE 12(b)(1) AND RULE 12(b)(6)
Whose motion The government's motion Read by a model
On May 1, 2007, Respondents filed a motion to dismiss based on lack of jurisdiction and failure to state a claim.
Disposition Government's motion denied; the case goes on The government's motion (to dismiss, or for summary judgment) was denied, so the case goes on. Counted as the applicant's ruling; a later decision in the case can still go either way. Read by a model
Respondents’ Motion to Dismiss for Lack of Jurisdiction and Respondents’ Motion to Dismiss for Failure to State a Claim are DENIED.
Prevailing party Applicant Read by a model
Respondents’ Motion to Dismiss for Lack of Jurisdiction and Respondents’ Motion to Dismiss for Failure to State a Claim are DENIED.
The delay claim The delay claim goes on Read by a model
Respondents’ Motion to Dismiss for Lack of Jurisdiction and Respondents’ Motion to Dismiss for Failure to State a Claim are DENIED.
Months pending 18.1 months from the application to the suit; 23.9 months from the application to the court's decision Read by a model
On August 24, 2005, Petitioners Aliazam Abbasfar and Mahdieh Ansari Roodsari, are married natives of Iran, each filed an I-485 application to adjust their status to that of a lawful permanent resident
TRAC factors The court did not weigh the TRAC factors Read by a model
The government's delay arguments Visa availability rejected Read by a model
The fact that no visas are currently available is, therefore, irrelevant.
Threshold rulings Section 1252(a)(2)(B) bar rejected Read by a model
Accordingly, under Ninth Circuit law, the IIRIRA does not bar review of the adjudication process for applications for lawful permanent resident status.
Nationality Iran Read by a model
Petitioners Aliazam Abbasfar and Mahdieh Ansari Roodsari, are married natives of Iran

How the case ended

Docket
No. 5:07-cv-01155
Filed
February 27, 2007
Ended
February 27, 2008
Suit's filing to its end
365 days
How it ended
Ended once the agency acted
From the record
idb disp 13 (dismissed: settled)

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.