Mandamus decisions / Eastern District of California
Yith v. Nielsen
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
They have been waiting for the USCIS to make decisions on their naturalization applications for over several years and USCIS has failed to do so in a timely manner. |
|---|---|
| Form or filing |
N-400 (naturalization)
Read by a model
On or about February 4, 2011, Seanlim filed a Form N-400, Application for Naturalization, with USCIS. |
| What the suit asked for |
Naturalization hearing or remand (1447(b))
Read by a model
Plaintiffs cited 8 U.S.C. § 1447 (b), which authorizes naturalization applicants to apply to the relevant district court for a hearing if "there is a failure to make a determination" on their naturalization petition within 120 days after a naturalization "examination" occurs. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
For all the foregoing reasons, the Defendants' motion to remand (ECF No. 78) is DENIED . Additionally, Plaintiffs' motion for sanctions (ECF No. 80) is DENIED . |
| Motion decided |
Remand under 1447(b)
Read by a model
Defendants request remand of this matter to United States Citizenship and Immigration Services ("USCIS") pursuant to 8 U.S.C. § 1447 (b) to consider Plaintiffs Seanlim Yith and Seak Leang Yith's naturalization applications. |
| Whose motion |
Cross-motions
Read by a model
For all the foregoing reasons, the Defendants' motion to remand (ECF No. 78) is DENIED . Additionally, Plaintiffs' motion for sanctions (ECF No. 80) is DENIED . |
| Disposition |
Denied, each side in part
The principal motion was denied in full: relief the plaintiff asked for denied on the merits, such as summary judgment, an injunction or fees. The government's motion denied so the case goes on is listed apart.
Read by a model
Defendants' motion to remand to USCIS for a determination on the naturalization application is DENIED. |
| Prevailing party |
Each side in part
Read by a model
For all the foregoing reasons, the Defendants' motion to remand (ECF No. 78) is DENIED . Additionally, Plaintiffs' motion for sanctions (ECF No. 80) is DENIED . |
| The delay claim |
The delay claim goes on
Read by a model
The Court refers the matter to the Magistrate Judge for efficient and immediate scheduling in light of the unreasonable amount of time that has already passed. |
| Months pending |
45.7 months from the application to the suit; 92.7 months from the application to the court's decision
A section 1447(b) suit: these months run from the naturalization application. The statute's 120 days run from the interview, which they do not measure.
Read by a model
On or about February 4, 2011, Seanlim filed a Form N-400, Application for Naturalization, with USCIS. |
| Months since the naturalization interview |
43.6 months from the interview (2015-03-10)
Read by a model
Plaintiffs had their naturalization examinations on March 10, 2015. |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings | None Read by a model |
| Nationality |
Cambodia
Read by a model
Plaintiffs are siblings and citizens of Cambodia. |
Other orders in this case
The group holds 4 decisions from this suit, oldest first. Outcome counts on these pages count the case once, by its latest decision. How decisions are grouped into cases.
| Decision | Decided | Judge | Disposition |
|---|---|---|---|
| Yith v. Johnson | January 8, 2016 | Lawrence, Neill | Dismissed |
| Yith v. NielsenThis decision | October 26, 2018 | Lawrence, Neill | Denied, each side in part |
| Yith v. Wolf | December 6, 2019 | Lawrence J. O'Neill | Denied in the government's favor |
| Yith v. WolfThe case's latest decision: its outcome is the one counted | November 24, 2021 | Denied in the government's favor |
How the case ended
- Docket
- No. 1:14-cv-01875
- Filed
- November 25, 2014
- Ended
- November 29, 2021
- Suit's filing to its end
- 1,390 days
- How it ended
- Dismissed on jurisdiction or the merits
- From the record
- idb disp 9 (judgment: court trial), 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 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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Yith v. Nielsen, 881 F.3d 1155
Ninth Circuit, February 7, 2018. The 'examination' that starts § 1447(b)'s 120-day clock is the interview, a notice to appear is not a warrant of arrest under § 1429, and USCIS fails to make a determination when it misses the deadline; the Sixth Circuit's Ebu disagrees in part.
ImmCite: caution, adverse or limiting treatment found. Rejected in the Sixth Circuit by Joseph Ebu v. USCIS, 134 F.4th 895 (2025).
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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.