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
On December 11, 2025, Plaintiffs filed this action to compel USCIS to adjudicate their applications. |
|---|---|
| Form or filing |
I-485 (adjustment of status); I-765 (EAD)
Read by a model
On May 12, 2025, Plaintiffs each submitted a Form I-765 (Application for Employment Authorization) and Form I-485 (Application to Register Permanent Residence or Adjust Status) to USCIS. |
| What the suit asked for |
Decide the application
Read by a model
Plaintiffs, medical doctors who are married to each other, seek a preliminary injunction directing the Government to complete adjudication of their pending applications for permanent residency and work authorization so that they may continue on their paths to becoming practicing physicians in the United States. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
For the reasons stated below, the Court GRANTS Plaintiffs’ motion for preliminary injunction. |
| Motion decided |
Preliminary injunction or TRO
Read by a model
For the reasons stated below, the Court GRANTS Plaintiffs’ motion for preliminary injunction. |
| Whose motion |
The plaintiff's motion
Read by a model
On January 3, 2026, Plaintiffs filed the motion for preliminary injunction now before the Court |
| Disposition |
Granted in the applicant's favor
The principal motion was granted in full: summary judgment for either side, an injunction or TRO, a writ or order to act, fees. A motion to dismiss granted in full counts as Dismissed; a transfer is listed apart.
Read by a model
For the reasons stated below, the Court GRANTS Plaintiffs’ motion for preliminary injunction. |
| Prevailing party |
Applicant
Read by a model
For the reasons stated below, the Court GRANTS Plaintiffs’ motion for preliminary injunction. |
| The delay claim |
Relief ordered
Read by a model
Within 30 days of the date of this Order, Defendants shall adjudicate Plaintiffs’ Form I-765, Application for Employment Authorization, and Form I-485, Application to Register Permanent Residence or Adjust Status applications |
| The other claims |
Relief ordered
Read by a model
are ENJOINED from applying the adjudication hold of the December 2, 2025 USCIS Policy Memorandum (PM-602-0192) to Plaintiffs’ Form I-765 |
| Months pending |
7 months from the application to the suit; 9.3 months from the application to the court's decision
Read by a model
On May 12, 2025, Plaintiffs each submitted a Form I-765 (Application for Employment Authorization) and Form I-485 (Application to Register Permanent Residence or Adjust Status) to USCIS. |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings |
Section 1252(a)(2)(B) bar rejected
Read by a model
The Court concludes that section (B)(i) does not strip it of jurisdiction in this case. |
| Nationality |
Iran
Read by a model
As Iranian nationals, Plaintiffs are subject to the adjudication hold under PM-0192. |
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. How decisions are grouped into cases.
| Decision | Decided | Judge | Disposition |
|---|---|---|---|
| Shokri Varniab v. EdlowThis decision | February 20, 2026 | Susan van Keulen | Granted in the applicant's favor |
| Shokri Varniab v. EdlowThe 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.