Passim

Mandamus decisions / Southern District of California

Al Zubiri v. Edlow

Southern District of CaliforniaRuth Bermudez MontenegroDecided May 1, 2026No. 3:25-cv-02636

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.

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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
This case arises from the nearly four-year delay in USCIS’s adjudication of 16 Plaintiff’s asylum petition.
Form or filing I-589 (asylum) Read by a model
On May 23, 2022, Plaintiff filed his Form I-589 with USCIS.
What the suit asked for Decide the asylum application Read by a model
Plaintiff alleges that Defendant has unreasonably delayed adjudicating his asylum 3 application and asks the Court to compel adjudication
Kind of order A ruling on a motion or the petition Read by a model
the Motion to Dismiss 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
The Court DENIES the Motion to Dismiss under Rule 4 12(b)(1). The Court DENIES the Motion to Dismiss under Rule 12(b)(6) as to Plaintiff’s 5 APA claims.
Whose motion The government's motion Read by a model
Pending before the Court is Defendant’s Motion to Dismiss.
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
Accordingly, the Court DENIES the 25 Motion to Dismiss under Rule 12(b)(6) as to Plaintiff’s APA claims.
Prevailing party Each side in part Read by a model
Accordingly, the Court DENIES the 25 Motion to Dismiss under Rule 12(b)(6) as to Plaintiff’s APA claims.
The delay claim The delay claim goes on Read by a model
Accordingly, the Court DENIES the 25 Motion to Dismiss under Rule 12(b)(6) as to Plaintiff’s APA claims.
Months pending 47.3 months from the application to the court's decision Read by a model
On May 23, 2022, Plaintiff filed his Form I-589 with USCIS.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings None Read by a model
Nationality Yemen Read by a model
Plaintiff Abdullah Al Zubiri (“Plaintiff”) is a citizen of Yemen

How the case ended

Docket
No. 3:25-cv-02636
On the docket
This ruling (ECF 13), deciding the motion (ECF 8)
Filed
October 3, 2025
Ended
September 18, 2026
Suit's filing to its end
350 days
How it ended
Ended once the agency acted
From the record
stipulated dismissal 2026-09-18

A voluntary or stipulated dismissal is how most suits end once the agency acts; the docket rarely says why. Other suits in this court.

The ruling's entry is the docket's one order or judgment entered the day of the decision, and the motion number is read from that entry's text. Both come from CourtListener's copy of the docket; check them there.

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.