Mandamus decisions / Central District of California
Franciscot Auguste v. Joseph B. Edlow
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
PM-0192 specified that it would “remain in effect until lifted by the USCIS Director through a subsequent memorandum.” |
|---|---|
| Form or filing |
I-485 (adjustment of status)
Read by a model
“Dizani is a citizen of Iran and an applicant for a Form I-485, filed on October 24, 2025, based on an approved I-140.” |
| What the suit asked for |
Some other action
Read by a model
Here, Dizani’s requested remedy is narrow—he asks only that the Court lift the pause on the adjudication of his application. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
the Court DENIES without prejudice Plaintiffs’ Motion, for the reasons set forth below. |
| Motion decided |
Preliminary injunction or TRO
Read by a model
The remaining 110 Plaintiffs seek a preliminary injunction through the instant Motion, which they filed on April 1, 2026. |
| Whose motion |
The plaintiff's motion
Read by a model
Before the Court is the motion of the 110 Plaintiffs remaining in this action for a preliminary injunction |
| Disposition |
Denied in the government's favor
The principal motion was denied in full: relief the plaintiff asked for denied on the merits, such as summary judgment, an injunction or fees. The government's motion denied so the case goes on is listed apart.
Read by a model
the Court DENIES the Motion without prejudice because Dizani has failed to establish that irreparable harm is likely on this record. |
| Prevailing party |
Government
Read by a model
the Court DENIES the Motion without prejudice because Dizani has failed to establish that irreparable harm is likely on this record. |
| The delay claim |
Relief denied
Read by a model
the Court DENIES the Motion without prejudice because Dizani has failed to establish that irreparable harm is likely on this record. |
| The other claims |
Relief denied
Read by a model
the Court DENIES the Motion without prejudice because Dizani has failed to establish that irreparable harm is likely on this record. |
| Months pending |
4.8 months from the application to the suit; 9.8 months from the application to the court's decision
Read by a model
Dizani is a citizen of Iran and an applicant for a Form I-485, filed on October 24, 2025, based on an approved I-140. |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| The government's delay arguments |
Line-jumping accepted
Read by a model
Nevertheless, Dizani’s request—that the Court order that his application be adjudicated within 30 days 39—does present some concern with respect to Dizani’s “place in line.” |
| Threshold rulings |
Section 1252(a)(2)(B) bar rejected
Read by a model
Therefore, 8 U.S.C. § 1252 does not strip the Court of jurisdiction to hear a challenge to the Secretary’s purported failure to exercise his discretion, and the Court retains jurisdiction to hear Plaintiffs’ claims. |
| Nationality |
Iran
Read by a model
Dizani is a citizen of Iran |
How the case ended
- Docket
- No. 8:26-cv-00629
- On the docket
- This ruling (ECF 44)
- Filed
- March 20, 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. Other suits in this court.
The ruling's entry is the docket's one order or judgment entered the day of the decision. 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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Kucana v. Holder, 558 U.S. 233
Supreme Court, January 20, 2010. Section 1252(a)(2)(B)(ii) bars review only of decisions whose discretionary character is specified by statute, not discretion the agency gives itself by regulation.
ImmCite: treatment available, history exists, not clearance
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Patel v. Garland, 596 U.S. 328
Supreme Court, May 16, 2022. Section 1252(a)(2)(B)(i) bars review of any judgment regarding the granting of the listed forms of relief, including the factual findings on which a denial of adjustment rests.
ImmCite: treatment available, history exists, not clearance
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Bouarfa v. Mayorkas, 604 U.S. 6
Supreme Court, December 10, 2024. Revoking an approved visa petition under § 1155 is a discretionary decision or action that § 1252(a)(2)(B)(ii) places beyond judicial review.
ImmCite: treatment available, history exists, not clearance
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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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Spencer Enterprises, Inc. v. United States, 345 F.3d 683
Ninth Circuit, September 17, 2003. Section 1252(a)(2)(B)(ii) covers only discretion specified by statute, so denials of EB-5 investor petitions remain reviewable; the Tenth Circuit declined to follow it, but it binds in the Ninth.
ImmCite: caution, adverse or limiting treatment found. Disagreed with (dictum) in the Third Circuit by Oyenike Alaka v. Attorney General of the United States Secretary of Department of Homeland Security, 456 F.3d 88 (2006).
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Vega v. USCIS, 65 F.4th 469
Ninth Circuit, April 14, 2023. If a statute makes a decision wholly discretionary, regulations or agency practice cannot make it reviewable or exempt it from § 1252(a)(2)(B)(ii).
ImmCite: treatment available, history exists, not clearance. ImmCite has read all 2 published decisions citing this case, as of 2026-11-13; none treats it adversely. That describes those decisions; it is not a determination that the case is good law.
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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.