Mandamus decisions / Southern District of California
Tereshchenko 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 |
ICE
Read by a model
Plaintiffs 10 allege that the Parole Directive, implemented in 2009, “directs ICE to release asylum 11 seekers, provided they establish their identity and show they are not a danger or flight risk.” |
|---|---|
| Form or filing | None named Read by a model |
| What the suit asked for |
Some other action
Read by a model
they seek a preliminary injunction requiring ICE “to 17 put an end to their Russian Detention & Deterrence Scheme and immediately comply with 18 their 2009 Parole Directive.” |
| Kind of order |
A discovery or record order
Read by a model
Presently before the Court is Plaintiffs’ Ex Parte Motion for Expedited Discovery. |
| Motion decided | None Read by a model |
| Whose motion |
The plaintiff's motion
Read by a model
Presently before the Court is Plaintiffs’ Ex Parte Motion for Expedited Discovery. |
| Disposition |
Discovery or record order
An order on discovery or the administrative record. It decides no claim, so it is not counted as either side's win.
Read by a model
Presently before the Court is Plaintiffs’ Ex Parte Motion for Expedited Discovery. |
| Prevailing party |
Neither side
Read by a model
Presently before the Court is Plaintiffs’ Ex Parte Motion for Expedited Discovery. |
| The delay claim |
Not decided here
Read by a model
The sole issue before this Court, however, is Plaintiffs’ motion for 12 expedited discovery. |
| The other claims |
Not decided here
Read by a model
The sole issue before this Court, however, is Plaintiffs’ motion for 12 expedited discovery. |
| Months pending | Not stated Read by a model |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings | None Read by a model |
| Nationality |
Russia
Read by a model
276 Russian asylum seekers |
Other orders in this case
The group holds 2 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 |
|---|---|---|---|
| Tereshchenko v. MayorkasThis decision | January 31, 2025 | Andrew G. Schopler | Discovery or record order |
| Tereshchenko v. MayorkasThe case's latest decision: its outcome is the one counted | January 31, 2025 | Steve B. Chu | Discovery or record order |
How the case ended
- Docket
- No. 3:24-cv-02142
- Filed
- November 14, 2024
- Ended
- February 19, 2025
- Suit's filing to its end
- 97 days
- How it ended
- Dismissed on jurisdiction or the merits
- 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 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.