Mandamus decisions / Northern Mariana Islands
Fargo v. United States Department of Homeland Security
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 |
ICE
Read by a model
Amendment would be futile, because even if he asked for the return of his card and was denied, the U.S. Immigration and Customs Enforcement does not have a ministerial duty to return it to him. |
|---|---|
| Form or filing |
I-589 (asylum); I-90 (green card renewal)
Read by a model
Fargo states that he applied for refugee status in August 2016 and has submitted as evidence an I-589 Application for Asylum and for Withholding of Removal. |
| What the suit asked for |
Some other action
Read by a model
Rather, he is implicitly asking the Court to determine that ICE had no right to confiscate his EAD and then issue an injunction ordering ICE to return it. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
DECISION AND ORDER DISMISSING FARGO’S MANDAMUS CLAIMS |
| Motion decided | None Read by a model |
| Whose motion |
The court on its own
Read by a model
Before service on defendants, all in forma pauperis complaints must be screened to ensure that they are not frivolous or malicious, that they state a claim on which relief may be granted, and that they do not seek monetary relief against an immune defendant. |
| Disposition |
Dismissed
The case or every delay claim was dismissed for a reason other than mootness.
Read by a model
Fargo’s claim for mandamus relief as to his advance parole/EAD card is dismissed with prejudice. |
| Prevailing party |
Government
Read by a model
Fargo’s claim for mandamus relief as to his advance parole/EAD card is dismissed with prejudice. |
| The delay claim |
Dismissed
Read by a model
Fargo’s claim for mandamus relief as to his alleged application for refugee status using a Form I-589 Application for Asylum and for Withholding of Removal is dismissed with prejudice. |
| The other claims |
Not decided here
Read by a model
On July 30, 2018, the Court allowed Fargo’s FOIA claim to go forward, but dismissed without prejudice his mandamus claims |
| Months pending |
11.4 months from the application to the court's decision
Read by a model
on November 2, 2017, he received assistance at the Saipan USCIS office in applying online for a replacement card, but that he has received no response. |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings | None Read by a model |
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.
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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.