Mandamus decisions / Eastern District of California
Azizi v. Mayorkas
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
USCIS generally approves requests based on protection needs only if 16 there is credible, third-party evidence naming the beneficiary that shows the beneficiary is 17 targeted and at imminent risk of severe harm. |
|---|---|
| Form or filing |
I-131 (travel document)
Read by a model
In fiscal year 2023, the approval rate for initial Form I-131 filings on 23 behalf of Afghan national beneficiaries was approximately 43%. |
| What the suit asked for |
Some other action
Read by a model
Plaintiffs challenge the adjudicative standards for Afghan humanitarian parole 23 applications and assert that the government has unreasonably delayed its review of their 24 applications. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
Defendants’ motion for summary judgment, ECF NO. 30, is GRANTED. |
| Motion decided |
Summary judgment
Read by a model
Defendants’ motion for summary judgment, ECF NO. 30, is GRANTED. |
| Whose motion |
Cross-motions
Read by a model
Plaintiffs’ motion for summary judgment, ECF No. 29, is DENIED. 12 4. Defendants’ motion for summary judgment, ECF NO. 30, is GRANTED. |
| Disposition |
Granted in the government'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
Defendants’ motion for summary judgment, ECF NO. 30, is GRANTED. |
| Prevailing party |
Government
Read by a model
Defendants’ motion for summary judgment, ECF NO. 30, is GRANTED. |
| The delay claim |
Relief denied
Read by a model
the alleged delay cannot as a matter of law be considered unreasonable. 6 Accordingly, defendants are entitled to judgment as to this claim. |
| The other claims |
Relief denied
Read by a model
the court holds that defendants are entitled to judgment as to all of plaintiffs’ 27 APA claims |
| Months pending |
36 months from the application to the suit; 58.5 months from the application to the court's decision
Read by a model
Plaintiffs Mohammad Walid Azizi, Nargis Ghafoori, Azizalrahman Rahmani, Beheshta 12 Rahmani, Husna Rahmani, and Shadab Shahab submitted their parole applications in October 13 2021 |
| TRAC factors |
The court weighed the TRAC factors
Even assuming that the allegations of the complaint are sufficient to satisfy 5 factors three and five, the alleged delay cannot as a matter of law be considered unreasonable. |
| The government's delay arguments |
Line-jumping accepted
Read by a model
This argument ignores that 28 ordering defendants to prioritize plaintiffs’ applications would delay the resolution of other applications. |
| Threshold rulings |
Section 1252(a)(2)(B) bar rejected; Consular nonreviewability rejected
Read by a model
holds that section 1252(a)(2)(B)(ii) does not bar review of plaintiffs’ claims because they are 2 collateral challenges to immigration policies that do not seek judicial review of an individual 3 parole decision. |
| Nationality |
Afghanistan
Read by a model
Plaintiffs, a group of eight Afghan nationals and three U.S. citizen family members |
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 |
|---|---|---|---|
| Azizi v. Mayorkas | September 15, 2025 | Jeremy D. Peterson | Dismissed in part; some claims go on |
| Azizi v. MayorkasThis decisionThe case's latest decision: its outcome is the one counted | September 1, 2026 | Jeremy D. Peterson | Granted in the government's favor |
How the case ended
This decision is not linked to a docket in the docket record yet, so how the case ended is not shown.
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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Trump v. Hawaii, 585 U.S. 667
Supreme Court, June 26, 2018. Mandel's facially-legitimate-and-bona-fide standard governs constitutional challenges to entry restrictions, and a citation to a valid statutory ground ordinarily satisfies it.
ImmCite: treatment available, history exists, not clearance
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Department of State v. Muñoz, 602 U.S. 899
Supreme Court, June 21, 2024. A U.S. citizen has no fundamental liberty interest in a noncitizen spouse's admission, so marriage alone entitles the citizen neither to Mandel review of the consular refusal nor to an explanation beyond the statutory citation.
ImmCite: treatment available, history exists, not clearance
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Kleindienst v. Mandel, 408 U.S. 753
Supreme Court, June 29, 1972. When a visa refusal burdens a U.S. citizen's own constitutional rights, courts ask only whether the Executive gave a facially legitimate and bona fide reason and do not look behind it.
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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Allen v. Milas, 896 F.3d 1094
Ninth Circuit, July 24, 2018. The APA provides no avenue for review of a consular visa refusal beyond Mandel's facially-legitimate-and-bona-fide inquiry, and consular nonreviewability is not a jurisdictional bar.
ImmCite: treatment available, history exists, not clearance. ImmCite has read all 8 published decisions citing this case, as of 2026-10-31; none treats it adversely. That describes those decisions; it is not a determination that the case is good law.
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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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Sanchez Gonzalez v. United States Department of State, No. 23-4205 (9th Cir. Apr. 30, 2026)
Ninth Circuit, April 30, 2026. After Muñoz, a citizen spouse's own First Amendment interest triggered Mandel review, which a facially legitimate and bona fide reason satisfied absent a showing of bad faith.
ImmCite: unchecked, treatment not confirmed yet, not evidence either way. ImmCite has found no published decision citing this case as of 2026-10-18; it checks for new citing decisions daily. That 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 2026-11-03; 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.