Mandamus decisions / District of Arizona
Ortiz v. Noem
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
Because Congress has barred judicial review here, the Court may not review the timing of the USCIS’s timing of Maria Dolores Ochoa Castro’s Form I-601. |
|---|---|
| Form or filing |
I-601 (waiver)
Read by a model
Plaintiff’s FAC seeks to compel Defendants to adjudicate Maria Dolores Ochoa Castro’s I-601 Application for Waiver of Grounds of Indamissibility which was filed in February of 2019. |
| What the suit asked for |
Decide the application
Read by a model
Plaintiff’s FAC seeks to compel Defendants to adjudicate Maria Dolores Ochoa Castro’s I-601 Application for Waiver of Grounds of Indamissibility which was filed in February of 2019. |
| Kind of order |
A magistrate judge's recommendation
Read by a model
REPORT AND RECOMMENDATION |
| Motion decided | None Read by a model |
| Whose motion |
The court on its own
Read by a model
Because Plaintiffs are attempting to proceed in forma pauperis, the Court will, pursuant to 28 U.S.C. § 1915, screen Plaintiffs’ Complaint. |
| Disposition |
Magistrate judge's recommendation
A magistrate judge's report and recommendation. The district judge decides whether to adopt it, so it is not counted as either side's win.
Read by a model
REPORT AND RECOMMENDATION |
| Prevailing party |
Neither side
Read by a model
REPORT AND RECOMMENDATION |
| The delay claim |
Dismissed
Read by a model
IT IS FURTHER RECOMMENDED that Plaintiffs’ First Amended Complaint (doc. 15) be DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be granted. |
| The other claims |
Dismissed
Read by a model
For the foregoing reasons, Plaintiffs’ FOIA count does not sufficiently state a plausible claim for relief. |
| Months pending |
82.7 months from the application to the suit; 86.4 months from the application to the court's decision
Read by a model
Plaintiff’s FAC seeks to compel Defendants to adjudicate Maria Dolores Ochoa Castro’s I-601 Application for Waiver of Grounds of Indamissibility which was filed in February of 2019. |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings | None Read by a model |
Other orders in this case
The group holds 3 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 |
|---|---|---|---|
| Ortiz et al v. Noem et al | March 9, 2026 | John Z. Boyle | Magistrate judge's recommendation |
| Ortiz et al v. Noem et al | April 21, 2026 | Other ruling | |
| Ortiz v. NoemThis decisionThe case's latest decision: its outcome is the one counted | April 28, 2026 | John Z. Boyle | Magistrate judge's recommendation |
How the case ended
- Docket
- No. 2:26-cv-00084
- On the docket
- This ruling (ECF 18)
- Filed
- January 7, 2026
- Ended
- May 19, 2026
- Suit's filing to its end
- 132 days
- How it ended
- Ended once the agency acted
- From the record
- decided 2026-04-28 says the agency acted (moot); idb disp 14 (dismissed: other)
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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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.