Mandamus decisions / Central District of California
Etinosa Osahon v. Markwayne Mullin
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 |
ICE
Read by a model
Abdala is therefore inapplicable to this case because ICE removed Petitioner to Ghana before Petitioner filed the instant habeas petition and TRO Application, not after. |
|---|---|
| Form or filing | None named Read by a model |
| What the suit asked for |
Some other action
Read by a model
(3) issue an Order to Show Cause (“OSC”) as to why a preliminary injunction should not issue requiring Respondents to facilitate Petitioner’s return to the United States. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
Plaintiff Etinosa Osahon’s (A No. 055-039-712) Ex Parte Application for Temporary Restraining Order (Dkt. # 2) is GRANTED. |
| Motion decided |
Preliminary injunction or TRO
Read by a model
Plaintiff Etinosa Osahon’s (A No. 055-039-712) Ex Parte Application for Temporary Restraining Order (Dkt. # 2) is GRANTED. |
| Whose motion |
The plaintiff's motion
Read by a model
Plaintiff Etinosa Osahon’s (A No. 055-039-712) Ex Parte Application for Temporary Restraining Order (Dkt. # 2) is GRANTED. |
| 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 |
| Prevailing party | Each side in part Read by a model |
| The other claims |
Some dismissed, some go on
Read by a model
the Court DISMISSES WITHOUT PREJUDICE the habeas claims filed in the Petition and sua sponte CONVERTS this action to solely a civil action |
| Months pending | Not stated Read by a model |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings |
Mootness argument rejected
Read by a model
Abdala is therefore inapplicable to this case because ICE removed Petitioner to Ghana before Petitioner filed the instant habeas petition and TRO Application, not after. |
| Nationality |
Nigeria
Read by a model
Petitioner is a forty-nine-year-old native and citizen of Nigeria |
How the case ended
- Docket
- No. 2:26-cv-09121
- Filed
- August 14, 2026
- Status
- Pending as of the last docket check
A voluntary or stipulated dismissal is how most suits end once the agency acts; the docket rarely says why.
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.