Mandamus decisions / Northern District of California
Shokri Varniab v. Edlow
Read the decisionOriginal on CourtListener
2,914 written decisions from 2,661 cases in the whole mandamus and agency-delay group, the group's newest decided October 30, 2026. Updated November 3, 2026 at 1:24 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 1,606 public decisions since January 1, 2025 that a CourtListener and GovInfo search for mandamus and agency delay finds, Passim holds 1,371 (85%), measured November 3, 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
Following issuance of this Court’s preliminary injunction, USCIS adjudicated Plaintiffs’ 3 applications by denying them all. |
|---|---|
| Form or filing |
I-485 (adjustment of status); I-765 (EAD)
Read by a model
to compel USCIS to adjudicate their Form I-485 and Form I-765 applications. |
| What the suit asked for | Not recorded Read by a model |
| Kind of order |
A ruling on a motion or the petition
Read by a model
both the Government’s motion to dismiss and Plaintiffs’ motion for a 15 temporary restraining order are GRANTED-IN-PART and DENIED-IN-PART. |
| Motion decided |
Motion to dismiss for lack of jurisdiction; Preliminary injunction or TRO
Read by a model
both the Government’s motion to dismiss and Plaintiffs’ motion for a 15 temporary restraining order are GRANTED-IN-PART and DENIED-IN-PART. |
| Whose motion |
Cross-motions
Read by a model
both the Government’s motion to dismiss and Plaintiffs’ motion for a 15 temporary restraining order are GRANTED-IN-PART and DENIED-IN-PART. |
| 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
After USCIS denied Plaintiffs’ applications and issued the NOIRs, Plaintiffs filed a Second 7 Amended Complaint, alleging new claims, including claims that the Government violated their 8 constitutional rights by retaliating against them for bringing this lawsuit. |
| Prevailing party |
Each side in part
Read by a model
After USCIS denied Plaintiffs’ applications and issued the NOIRs, Plaintiffs filed a Second 7 Amended Complaint, alleging new claims, including claims that the Government violated their 8 constitutional rights by retaliating against them for bringing this lawsuit. |
| The delay claim |
Not decided here
Read by a model
After USCIS denied Plaintiffs’ applications and issued the NOIRs, Plaintiffs filed a Second 7 Amended Complaint, alleging new claims, including claims that the Government violated their 8 constitutional rights by retaliating against them for bringing this lawsuit. |
| The other claims |
Some dismissed, some go on
Read by a model
both the Government’s motion to dismiss and Plaintiffs’ motion for a 15 temporary restraining order are GRANTED-IN-PART and DENIED-IN-PART. |
| Months pending |
7 months from the application to the suit; 10.3 months from the application to the agency's action
Read by a model
your Form I-485 was denied on March 20, 2026 |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings |
Section 1252(a)(2)(B) bar applied; Section 1252(a)(2)(B) bar rejected
Read by a model
However, the Court finds that Plaintiffs have failed to 4 show that the APA claims in the SAC fall outside of the “expansive” scope of section 5 1252(a)(2)(B)(ii). |
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.
| Decision | Decided | Judge | Disposition |
|---|---|---|---|
| Shokri Varniab v. Edlow | February 20, 2026 | Susan van Keulen | Granted in the applicant's favor |
| Shokri Varniab v. EdlowThis decisionThe case's latest decision: its outcome is the one counted | June 12, 2026 | Susan van Keulen | Dismissed in part; some claims go on |
How the case ended
- Docket
- No. 5:25-cv-10602
- Filed
- December 11, 2025
- Ended
- September 2, 2026
- Suit's filing to its end
- 265 days
- How it ended
- Ended once the agency acted
- From the record
- voluntary dismissal 2026-09-01
A voluntary or stipulated dismissal is how most suits end once the agency acts; the docket rarely says why. Other suits in this court.
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 3, 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. Rejected in the Tenth Circuit by Yerkovich v. Ashcroft, 381 F.3d 990 (2004).
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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
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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 2026-11-03; it checks for new citing decisions daily. That is not a determination that the case is good law. The citation index lists 144 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.