Passim

Mandamus decisions / Southern District of California

Pham v. Jaddou

Southern District of CaliforniaThomas J. WhelanDecided April 30, 2024No. 3:23-cv-01058

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
Neither party disputes that USCIS has a nondiscretionary duty to issue final 11 adjudications on the petitions.
Form or filing I-918 (U visa) Read by a model
Plaintiffs filed their Forms I-918 on or before June 30, 2017.
What the suit asked for Decide the application Read by a model
an order mandating USCIS to 20 adjudicate Plaintiffs’ petitions within 30 days
Kind of order A ruling on a motion or the petition Read by a model
the Court DENIES IN REMAINING PART the 10 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
Defendant’s previously filed Motion to Dismiss remains pending in part.
Whose motion The government's motion Read by a model
Defendant’s previously filed Motion to Dismiss remains pending in part.
Disposition Government's motion denied; the case goes on The government's motion (to dismiss, or for summary judgment) was denied, so the case goes on. Counted as the applicant's ruling; a later decision in the case can still go either way. Read by a model
the Court DENIES IN REMAINING PART the 10 Motion to Dismiss
Prevailing party Applicant Read by a model
the Court DENIES IN REMAINING PART the 10 Motion to Dismiss
The delay claim The delay claim goes on Read by a model
Plaintiffs’ FAC states facts 21 sufficient to state a claim for relief under the APA in the absence of the Orise declaration.
Months pending Not stated at filing The agency acted before this decision, so the months up to the decision are not a delay and are not shown. Read by a model
their petitions have been pending since 2017
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Held moot Read by a model
Accordingly, the Court dismisses Plaintiff Darwin Ruiz’s claims as moot.
U visa claims Final decision: goes on Read by a model
Plaintiffs’ FAC states facts 21 sufficient to state a claim for relief under the APA in the absence of the Orise declaration.

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.

DecisionDecidedJudgeDisposition
Pham v. Jaddou February 5, 2024 Thomas J. Whelan Dismissed in part; some claims go on
Pham v. JaddouThis decisionThe case's latest decision: its outcome is the one counted April 30, 2024 Thomas J. Whelan Government's motion denied; the case goes on

How the case ended

Docket
No. 3:23-cv-01058
On the docket
This ruling (ECF 24), deciding the motion (ECF 13)
Filed
June 6, 2023
Ended
June 10, 2025
Suit's filing to its end
735 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.

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.