Mandamus decisions / Northern District of California
Kurt v. Mayorkas
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
U.S. Citizenship and Immigration Services (“USCIS”), the federal agency responsible for processing asylum applications, currently faces a backlog of over one million asylum applications. |
|---|---|
| Form or filing |
I-589 (asylum)
Read by a model
Plaintiff’s asylum application has been pending for over three years. |
| What the suit asked for |
Decide the asylum application
Read by a model
Plaintiff Fatma Kurt (“Plaintiff”), whose asylum application has been pending for over three years, requests judicial intervention to hasten the processing of her application. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
For the foregoing reasons, the Court DENIES Plaintiff’s motion for summary judgment and GRANTS Defendants motion for summary judgment as to all claims. |
| Motion decided |
Summary judgment
Read by a model
For the foregoing reasons, the Court DENIES Plaintiff’s motion for summary judgment and GRANTS Defendants motion for summary judgment as to all claims. |
| Whose motion |
Cross-motions
Read by a model
On November 4, 2024, Plaintiff filed a motion for summary judgment. (Dkt. No. 11.) Defendants opposed the motion and filed a cross motion for summary judgment. |
| Disposition |
Granted in the government's favor
The principal motion was granted in full: summary judgment for either side, an injunction or TRO, a writ or order to act, fees. A motion to dismiss granted in full counts as Dismissed; a transfer is listed apart.
Read by a model
For the foregoing reasons, the Court DENIES Plaintiff’s motion for summary judgment and GRANTS Defendants motion for summary judgment as to all claims. |
| Prevailing party |
Government
Read by a model
For the foregoing reasons, the Court DENIES Plaintiff’s motion for summary judgment and GRANTS Defendants motion for summary judgment as to all claims. |
| The delay claim |
Relief denied
Read by a model
For the foregoing reasons, the Court DENIES Plaintiff’s motion for summary judgment and GRANTS Defendants motion for summary judgment as to all claims. |
| Months pending |
36 months from the application to the court's decision
Read by a model
Plaintiff’s three-year delay does not yet belong to this group of “seemingly infinite” delays. |
| TRAC factors |
The court weighed the TRAC factors
Thus, the first factor favors Defendants. |
| The government's delay arguments |
First-in, first-out processing accepted; Line-jumping accepted
Read by a model
Courts in this Circuit have consistently found that, although certain applicants are disadvantaged by USCIS’s system of prioritizing the most recently filed cases, that system is governed by a rule of reason. |
| Threshold rulings | None Read by a model |
How the case ended
- Docket
- No. 3:24-cv-02792
- On the docket
- This ruling (ECF 20), deciding the motion (ECF 11) and the motion (ECF 13)
- Filed
- May 9, 2024
- Ended
- December 26, 2024
- Suit's filing to its end
- 231 days
- How it ended
- Dismissed on jurisdiction or the merits
- From the record
- idb disp 6 (judgment: motion before 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.
The ruling's entry is the docket's one order or judgment entered the day of the decision, and the motion numbers are read from that entry's text. Both come from CourtListener's copy of the docket; check them there.
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.