Mandamus decisions / Northern District of California
Aboushaban v. Mueller
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
On October 24, 2006, I granted plaintiffs motion for summary judgment, ordered the USCIS to adjudicate plaintiffs application forthwith, and retained jurisdiction to ensure that my Order was carried out. |
|---|---|
| Form or filing |
I-485 (adjustment of status)
Read by a model
plaintiffs pending I-485 application for adjustment of status to lawful permanent resident. |
| What the suit asked for |
Decide the application
Read by a model
Plaintiff sought and received an order requiring defendants to adjudicate his application in a timely fashion. |
| Motion decided |
Fees under EAJA
Read by a model
Plaintiff has moved under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), for an award of $46,616.06 in attorney's fees and costs incurred in these proceedings. |
| Disposition |
Granted in part
The principal motion was granted in part and denied in part.
Read by a model
For the foregoing reasons, plaintiffs motion for attorney fees and costs is GRANTED IN PART as follows: Plaintiff is awarded a total of $19,086.92 in attorney's fees and costs. |
| Prevailing party |
Each side in part
Read by a model
For the foregoing reasons, plaintiffs motion for attorney fees and costs is GRANTED IN PART as follows: Plaintiff is awarded a total of $19,086.92 in attorney's fees and costs. |
| Months pending |
92.2 months from the application to the suit; 104.2 months from the application to the court's decision
Read by a model
plaintiff alleged he filed his application on June 17, 1998. |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings |
Mootness argument rejected
Read by a model
At that point, defendants assert, plaintiffs claim was moot. Thus, this Court's Order was unnecessary and could not have conveyed prevailing party status to plaintiff. I disagree. |
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 14, 2026. Check the current status before relying on one.
-
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
-
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
-
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.