Mandamus decisions / Eastern District of California

Yith v. Nielsen

Eastern District of CaliforniaLawrence, NeillDecided October 26, 2018No. 1:14-cv-01875

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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.

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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.

DecisionDecidedJudgeDisposition
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.