Mandamus decisions / Central District of California
Syed Arif Hussain Mosavi v. Rena Bitter
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 |
Department of State
Read by a model
official capacities as Assistant Secretary Bureau of Consular Affairs, Deputy Chief of 24 Mission for the United States Embassy in Pakistan, and Secretary of State for the 25 United States Department of State, respectively. |
|---|---|
| Form or filing |
DS-260 (immigrant visa)
Read by a model
Defendants 5 also contend that Mosavi fails to state a due process claim because Mosavi does not 6 have a protected interest in the processing of Miraj’s immigrant visa. |
| What the suit asked for |
Decide the application
Read by a model
seeking an order to 16 compel Defendants to adjudicate her application within fifteen days or as soon as 17 reasonably possible. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
the Court GRANTS Defendants’ Motion to 3 || Dismiss. |
| Motion decided |
Motion to dismiss for failure to state a claim
Read by a model
Defendants now move to dismiss the Complaint pursuant to 21 Rule 12(b)(6) for failure to state a claim. |
| Whose motion |
The government's motion
Read by a model
Defendants now move to dismiss the Complaint for failure to state a claim |
| Disposition |
Dismissed
The case or every delay claim was dismissed for a reason other than mootness.
Read by a model
the Court GRANTS Defendants’ Motion to 3 || Dismiss. |
| Prevailing party |
Government
Read by a model
the Court GRANTS Defendants’ Motion to 3 || Dismiss. |
| The delay claim |
Dismissed
Read by a model
Mosavi fails to state a claim under 18 the APA or the Mandamus Act. As such, the Court GRANTS the Motion on this 19 basis and does not reach Defendants’ argument concerning the TRAC factors. |
| The other claims |
Dismissed
Read by a model
Accordingly, the Court finds that, lacking a constitutionally protected interest, 23 Mosavi fails to raise a plausible due process claim. |
| Months pending | Not stated Read by a model |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings | None Read by a model |
| Nationality |
Pakistan
Read by a model
Miraj is a Pakistani national. |
| I-130 category |
Immediate relative
Read by a model
on behalf of his wife, Syeda Shamsiya Miraj, seeking 5 to obtain her lawful permanent resident status. (Compl. ¶¶ 18, 20.) Mosavi is a 6 United States citizen |
How the case ended
- Docket
- No. 2:24-cv-01769
- Filed
- March 5, 2024
- Ended
- September 4, 2024
- Suit's filing to its end
- 183 days
- How it ended
- Dismissed on jurisdiction or the merits
- From the record
- idb disp 17 (judgment: other), judgment for defendant
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.
-
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
-
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
-
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
-
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
-
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.
-
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.
-
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 2026-11-03; 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.