Mandamus decisions / District of Nevada
Owen Owhe v. USCIS
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
Plaintiffs allege that they submitted timely responses to Requests for Evidence in connection with his application, but that USCIS has unreasonably delayed and refused to adjudicate his application to adjust status. |
|---|---|
| Form or filing |
I-130 (relative petition); I-485 (adjustment of status)
Read by a model
Here, Plaintiffs contend Defendants had a duty to act on their Form I-130 and I-485. |
| What the suit asked for |
Decide the application
Read by a model
On August 23, 2024, Plaintiffs Ekugbere Owen Owhe and Diana Shermaine Cooper requested a writ of mandamus compelling Defendants to adjudicate their I-130 petition and corresponding I-485 application. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
It is therefore ordered that Defendant’s Motion to Dismiss (ECF No. 44) is GRANTED. |
| Motion decided |
Motion to dismiss for lack of jurisdiction
Read by a model
Defendants assert that the petition should be dismissed pursuant to Rule 12(b)(1) because there is no justiciable case or controversy following the adjudication of Plaintiffs’ petition and application. |
| Whose motion |
The government's motion
Read by a model
Defendants now move to dismiss the Complaint for lack of subject matter jurisdiction |
| Disposition |
Dismissed as moot
Dismissed or denied as moot because the agency acted.
Read by a model
Therefore, the Court finds that Plaintiffs’ mandamus claim is moot because there is no other relief that this Court can provide. |
| Prevailing party |
Neither side
Read by a model
Therefore, the Court finds that Plaintiffs’ mandamus claim is moot because there is no other relief that this Court can provide. |
| The delay claim |
Moot: the agency acted
Read by a model
Therefore, the Court finds that Plaintiffs’ mandamus claim is moot because there is no other relief that this Court can provide. |
| Months pending |
39.2 months from the application to the suit; 52.5 months from the application to the agency's action
Read by a model
Plaintiffs’ I-485 application was subsequently denied on October 2, 2025. |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings |
Held moot
Read by a model
Therefore, the Court finds that Plaintiffs’ mandamus claim is moot because there is no other relief that this Court can provide. |
How the case ended
- Docket
- No. 3:25-cv-00412
- On the docket
- This ruling (ECF 51), deciding the motion (ECF 44)
- Filed
- August 26, 2024
- Ended
- July 21, 2026
- Suit's filing to its end
- 694 days
- How it ended
- Ended once the agency acted
- From the record
- terminated; no disposition recorded
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.
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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.