Mandamus decisions / Eastern District of California
Izadi v. U.S. Dept. of State
Read the decisionOriginal on CourtListener
2,917 written decisions from 2,664 cases in the whole mandamus and agency-delay group, the group's newest decided October 30, 2026. Updated November 3, 2026 at 7:07 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 |
USCIS
Read by a model
In the over four years since USCIS confirmed receipt, USCIS has not scheduled initial interviews for, let alone issued a final decision on, Plaintiffs’ application. |
|---|---|
| Form or filing |
I-589 (asylum)
Read by a model
They filed a Form I-589 application in October 2021, and U.S. Citizenship and Immigration Services (“USCIS”) acknowledged receipt. |
| What the suit asked for |
Decide the asylum application
Read by a model
Plaintiffs claim Defendants have unreasonably delayed adjudicating their application for asylum, which has been pending for over four years. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
Accordingly, Defendants’ Motion to Dismiss (ECF No. 19) is GRANTED in part and DENIED in part. |
| Motion decided |
Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim
Read by a model
Defendants argue Plaintiffs’ claims should be dismissed because this Court lacks jurisdiction over them pursuant to Federal Rule of Civil Procedure 12(b)(1) and Plaintiffs fail to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). |
| Whose motion |
The government's motion
Read by a model
Accordingly, Defendants’ Motion to Dismiss (ECF No. 19) is GRANTED in part and DENIED in part. |
| 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
For the reasons stated below, the Court holds Plaintiffs have stated a claim for unreasonable delay under both the APA and the Mandamus Act but failed to state a violation of equal protection. |
| Prevailing party |
Each side in part
Read by a model
For the reasons stated below, the Court holds Plaintiffs have stated a claim for unreasonable delay under both the APA and the Mandamus Act but failed to state a violation of equal protection. |
| The delay claim |
The delay claim goes on
Read by a model
For the reasons stated below, the Court holds Plaintiffs have stated a claim for unreasonable delay under both the APA and the Mandamus Act but failed to state a violation of equal protection. |
| The other claims |
Dismissed
Read by a model
However, to the extent Plaintiffs seek a mandamus based on violation of equal protection, Defendants’ motion is granted with respect to that claim. |
| Months pending |
59.1 months from the application to the court's decision
Read by a model
They filed a Form I-589 application in October 2021, and U.S. Citizenship and Immigration Services (“USCIS”) acknowledged receipt. |
| TRAC factors |
The court weighed the TRAC factors
Accordingly, the first factor weighs in favor of Plaintiffs, and the second factor is neutral. |
| The government's delay arguments |
First-in, first-out processing rejected; Line-jumping rejected
Read by a model
Therefore, this Court is not solely assessing the last-in-first-out policy but must also ascertain whether reason can support an over four-year delay combined with an indefinite future delay, during which USCIS will not even attempt to process asylum applications. |
| Threshold rulings |
Section 1252(a)(2)(B) bar rejected
Read by a model
As section 1252 does not strip jurisdiction over claims of unreasonable delay under APA section 706(1), the Court has jurisdiction over Plaintiffs’ claims. |
| Nationality |
Iran
Read by a model
Plaintiffs Hadis Izadi and Hamedreza Azizi are citizens of Iran who seek asylum in the United States. |
How the case ended
- Docket
- No. 2:25-cv-02354
- Filed
- August 18, 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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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
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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
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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
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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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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).
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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
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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.