Passim

Mandamus decisions / Southern District of California

Apolinar Morales v. Rubio

Southern District of CaliforniaRoger T. BenitezDecided November 4, 2025No. 3:25-cv-00642

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 Not recorded Read by a model
Form or filing I-129F (fiancé(e) petition) Read by a model
Tereshchenko's Form I- 129F fiancé(e) visa petition
What the suit asked for Not recorded Read by a model
Kind of order A ruling on a motion or the petition Read by a model
the motion to dismiss is GRANTED.
Motion decided Motion to dismiss for failure to state a claim Read by a model
A Rule 12(b)(6) motion to dismiss tests the sufficiency of the complaint.
Whose motion The government's motion Read by a model
GRANTING DEFENDANTS’ Plaintiff, 13 ) MOTION TO DISMISS
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
Accordingly, Plaintiffs’ mandamus 7 claim is moot, and the motion to dismiss is GRANTED.
Prevailing party Government Read by a model
Accordingly, Plaintiffs’ mandamus 7 claim is moot, and the motion to dismiss is GRANTED.
The delay claim Moot: the agency acted Read by a model
Accordingly, Plaintiffs’ mandamus 7 claim is moot, and the motion to dismiss is GRANTED.
The other claims Dismissed Read by a model
Moreover, § 236(f) bars any private action challenging 4 || the substantive visa denial.
Months pending Not stated at filing The agency acted before this decision, so the months up to the decision are not a delay and are not shown. Read by a model
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Held moot Read by a model
claim is moot, and the motion to dismiss is GRANTED.
Nationality Russia Read by a model
Russian visa applicant Alla Tereshchenko

How the case ended

Docket
No. 3:25-cv-00642
Filed
March 19, 2025
Ended
November 4, 2025
Suit's filing to its end
230 days
How it ended
Ended once the agency acted
From the record
idb disp 3 (dismissed: lack of jurisdiction)

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.