Mandamus decisions / Eastern District of California
Xiong 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
To date, U.S. Citizenship 2 and Immigration Services (“USCIS”) has not adjudicated Plaintiff’s I -589 application, and 3 Plaintiff still awaits an interview. |
|---|---|
| Form or filing |
I-589 (asylum)
Read by a model
Plaintiff filed a Form I-589, application for asylum and for withholding of removal |
| What the suit asked for |
Decide the asylum application
Read by a model
Defendants to adjudicate his I-589 petition for asylum. |
| Kind of order |
A procedural order
Read by a model
Plaintiff’s application to proceed in forma pauperis (Doc. 2) is GRANTED; |
| Motion decided | None Read by a model |
| Whose motion |
The court on its own
Read by a model
The Court has conducted a preliminary review of Plaitniff’s complaint. |
| Disposition |
Procedural order
A scheduling, briefing, stay, show-cause or other procedural order. Not counted as either side's win.
Read by a model
Plaintiff’s application to proceed in forma pauperis (Doc. 2) is GRANTED; |
| Prevailing party |
Neither side
Read by a model
Plaintiff’s application to proceed in forma pauperis (Doc. 2) is GRANTED; |
| The delay claim |
The delay claim goes on
Read by a model
However, the Court preliminarily 13 assesses that Plaintiff’s complaint states a cognizable claim. |
| Months pending |
89.5 months from the application to the suit; 89.6 months from the application to the court's decision
Read by a model
Plaintiff filed a Form I-589, application for asylum and for withholding of removal on 28 January 23. 2017. |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings | None Read by a model |
| Nationality |
China
Read by a model
Plaintiff is a native and citizen of China and currently resides in Bakersfield California. |
How the case ended
This decision is not linked to a docket in the docket record yet, so how the case ended is not shown.
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.