Passim

Mandamus decisions / Northern District of California

Kullab v. United States Department of Homeland Security

Northern District of CaliforniaWilliam H. OrrickDecided March 25, 2025No. 3:24-cv-04140

Read the decisionOriginal on CourtListener

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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
As other courts in the circuit have held, adjudicating asylum applications is a discrete agency action that USCIS is required to take.
Form or filing I-589 (asylum) Read by a model
On November 3, 2020, Kullab filed an asylum application with USCIS.
What the suit asked for Decide the asylum application Read by a model
In her Complaint, Kullab requests “an order compelling Defendants, and those acting under them, to take all appropriate action to adjudicate Plaintiff’s asylum claim without further delay.”
Kind of order A ruling on a motion or the petition Read by a model
Defendants’ motion for summary judgment is GRANTED.
Motion decided Summary judgment Read by a model
Defendants’ motion for summary judgment is GRANTED.
Whose motion The government's motion Read by a model
Defendants move for summary judgment on both causes of action
Disposition Granted in the government's favor The principal motion was granted in full: summary judgment for either side, an injunction or TRO, a writ or order to act, fees. A motion to dismiss granted in full counts as Dismissed; a transfer is listed apart. Read by a model
Defendants’ motion for summary judgment is GRANTED.
Prevailing party Government Read by a model
Defendants’ motion for summary judgment is GRANTED.
The delay claim Relief denied Read by a model
With sympathy for Kullab’s circumstances, the TRAC factors either weigh in favor of defendants or are neutral. Defendants’ motion for summary judgment is GRANTED.
Months pending 44.2 months from the application to the suit; 52.7 months from the application to the court's decision Read by a model
On November 3, 2020, Kullab filed an asylum application with USCIS.
TRAC factors The court weighed the TRAC factors
  • 1. Rule of reasonfavors the government
  • 2. Congressional timetableneutral
  • 3. Human health and welfarefavors the government
  • 4. Competing prioritiesfavors the government
  • 5. Interests prejudicedfavors the government
  • 6. No impropriety neededneutral
Read by a model
The first TRAC factor favors defendants.
The government's delay arguments First-in, first-out processing accepted; Line-jumping accepted Read by a model
Considering LIFO alone, I agree with defendants and the other courts in this District: LIFO is a sufficient rule of reason.
Threshold rulings None Read by a model

How the case ended

Docket
No. 3:24-cv-04140
Filed
July 9, 2024
Ended
March 25, 2025
Suit's filing to its end
259 days
How it ended
Dismissed on jurisdiction or the merits
From the record
idb disp 6 (judgment: motion before trial), judgment for defendant

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.