Mandamus decisions / Northern District of California
Delgosha v. Noem
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 |
USCIS
Read by a model
Noem delegated her authority to adjudicate Form N-400, Application for 26 Naturalization, to U.S. Citizenship and Immigration Services (“USCIS”). |
|---|---|
| Form or filing |
N-400 (naturalization)
Read by a model
Form N-400, Application for 26 Naturalization |
| What the suit asked for |
Decide the application
Read by a model
requests the Court “compel Defendants to perform their non-discretionary duty to adjudicate [his] 14 long-pending Application for Naturalization (Form N -400).” |
| Kind of order |
A ruling on a motion or the petition
Read by a model
For the reasons stated above, the Court DENIES Defendants’ Motion to Dismiss. |
| Motion decided |
Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim
Read by a model
Pending before the Court is Defendants’ Motion to Dismiss 18 pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). |
| Whose motion |
The government's motion
Read by a model
For the reasons stated above, the Court DENIES Defendants’ Motion to Dismiss. |
| Disposition |
Denied in the applicant's favor
The principal motion was denied in full: a motion to dismiss denied so the case goes on, or relief denied on the merits.
Read by a model
For the reasons stated above, the Court DENIES Defendants’ Motion to Dismiss. |
| Prevailing party |
Applicant
Read by a model
For the reasons stated above, the Court DENIES Defendants’ Motion to Dismiss. |
| The delay claim |
The delay claim goes on
Read by a model
For the reasons stated above, the Court DENIES Defendants’ Motion to Dismiss. |
| The other claims |
The delay claim goes on
Read by a model
As with his Section 706(1) claim, this is sufficient to state a plausible claim under 18 Section 706(2). |
| Months pending |
15.8 months from the application to the suit; 21 months from the application to the court's decision
Read by a model
Naturalization (“Form N-400”), with USCIS on September 16, 2024. |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings | None Read by a model |
| Nationality |
Iran
Read by a model
Delgosha is a citizen of Iran who currently resides in the United States. |
How the case ended
- Docket
- No. 3:26-cv-00287
- Filed
- January 9, 2026
- 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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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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Yith v. Nielsen, 881 F.3d 1155
Ninth Circuit, February 7, 2018. The 'examination' that starts § 1447(b)'s 120-day clock is the interview, a notice to appear is not a warrant of arrest under § 1429, and USCIS fails to make a determination when it misses the deadline; the Sixth Circuit's Ebu disagrees in part.
ImmCite: caution, adverse or limiting treatment found. Rejected in the Sixth Circuit by Joseph Ebu v. USCIS, 134 F.4th 895 (2025).
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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.