Mandamus decisions / District of Arizona
Silva v. Kramar
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
Plaintiffs Marinne Silva and Juan Pablo Ramirez-Becerra believe USCIS has 16 unlawfully delayed resolving an immigration petition. |
|---|---|
| Form or filing |
I-130 (relative petition)
Read by a model
On July 26, 2024, Silva filed a Form I-130 Petition for Alien Relative |
| What the suit asked for |
Decide the application
Read by a model
Plaintiffs Marinne Silva and Juan Pablo Ramirez-Becerra believe USCIS has 16 unlawfully delayed resolving an immigration petition. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
IT IS FURTHER ORDERED the Motion to Dismiss (Doc. 9) is GRANTED. The 20 amended complaint (Doc. 7) is DISMISSED. |
| Motion decided |
Other motion to dismiss; Preliminary injunction or TRO
Read by a model
IT IS ORDERED the motion for temporary restraining order and preliminary 18 injunction (Doc. 2) is DENIED. 19 IT IS FURTHER ORDERED the Motion to Dismiss (Doc. 9) is GRANTED. |
| Whose motion |
Cross-motions
Read by a model
IT IS ORDERED the motion for temporary restraining order and preliminary 18 injunction (Doc. 2) is DENIED. 19 IT IS FURTHER ORDERED the Motion to Dismiss (Doc. 9) is GRANTED. |
| Disposition |
Dismissed
The case or every delay claim was dismissed for a reason other than mootness.
Read by a model
The 20 amended complaint (Doc. 7) is DISMISSED. |
| Prevailing party |
Government
Read by a model
The Clerk of Court shall enter judgment in 21 favor of defendants and close this case. |
| The delay claim |
Dismissed
Read by a model
IT IS FURTHER ORDERED the Motion to Dismiss (Doc. 9) is GRANTED. The 20 amended complaint (Doc. 7) is DISMISSED. |
| The other claims |
Dismissed
Read by a model
plaintiffs do not cite any 10 requirement that their petition be adjudicated “within a specified time,” so their due process 11 claim fails too. |
| Months pending |
17.7 months from the application to the suit; 24.9 months from the application to the court's decision
Read by a model
On July 26, 2024, Silva filed a Form I-130 Petition for Alien Relative on behalf of 19 her husband, Ramirez-Becerra. |
| TRAC factors |
The court weighed the TRAC factors
Neither factor favors plaintiffs here |
| The government's delay arguments |
First-in, first-out processing accepted; Line-jumping accepted
Read by a model
USCIS’s ‘first in, first out’ policy for adjudicating immigration applications like 7 Plaintiff’s qualifies as a ‘rule of reason,’ thus satisfying the first TRAC factor. |
| Threshold rulings | None Read by a model |
Other orders in this case
The group holds 2 decisions from this suit, oldest first. Outcome counts on these pages count the case once, by its latest decision, this one. How decisions are grouped into cases.
| Decision | Decided | Judge | Disposition |
|---|---|---|---|
| Silva v. Kramar | January 15, 2026 | Krissa M Lanham | Denied in the government's favor |
| Silva v. KramarThis decisionThe case's latest decision: its outcome is the one counted | August 24, 2026 | Krissa M Lanham | Dismissed |
How the case ended
- Docket
- No. 2:26-cv-00185
- Filed
- January 12, 2026
- Ended
- August 24, 2026
- Suit's filing to its end
- 224 days
- How it ended
- Dismissed on jurisdiction or the merits
- From the record
- judgment 2026-08-24 for the defendants, ground not stated
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.
-
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
-
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
-
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.