Mandamus decisions / Southern District of California
Lee v. Garland
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
While USCIS has a non-discretionary duty to render decisions on applications for naturalization, the pace at which it examines these applications is discretionary. |
|---|---|
| Form or filing |
N-400 (naturalization)
Read by a model
Pursuant to the Immigration and Nationality Act (“INA”), Plaintiff filed her Application for Naturalization (“N-400 Application”) with USCIS on February 19, 2020. |
| What the suit asked for |
Decide the application
Read by a model
Thus, the Complaint asked this Court to order Defendants to adjudicate Plaintiff’s application for naturalization within sixty days or a reasonable time and to retain jurisdiction during Plaintiff’s application process. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
Even reviewing the Motion and Plaintiff’s Complaint (“Compl.,” ECF No. 1) on the merits, however, the Court GRANTS the Motion and DISMISSES WITHOUT PREJUDICE Plaintiff’s Complaint. |
| Motion decided |
Motion to dismiss for lack of jurisdiction
Read by a model
On July 5, 2022, Defendants filed the instant Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(1). |
| Whose motion |
The government's motion
Read by a model
the Court GRANTS Defendants’ Motion to Dismiss (ECF No. 9) |
| Disposition |
Dismissed
The case or every delay claim was dismissed for a reason other than mootness.
Read by a model
For the foregoing reasons, the Court GRANTS Defendants’ Motion to Dismiss (ECF No. 9) and DISMISSES WITHOUT PREJUDICE Plaintiff’s Complaint (ECF No. 1). |
| Prevailing party |
Government
Read by a model
For the foregoing reasons, the Court GRANTS Defendants’ Motion to Dismiss (ECF No. 9) and DISMISSES WITHOUT PREJUDICE Plaintiff’s Complaint (ECF No. 1). |
| The delay claim |
Dismissed
Read by a model
the Court GRANTS Defendants’ Motion to Dismiss (ECF No. 9) and DISMISSES WITHOUT PREJUDICE Plaintiff’s Complaint (ECF No. 1). |
| Months pending |
23.6 months from the application to the suit; 32.2 months from the application to the court's decision
Read by a model
Pursuant to the Immigration and Nationality Act (“INA”), Plaintiff filed her Application for Naturalization (“N-400 Application”) with USCIS on February 19, 2020. |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings | None Read by a model |
| Nationality |
South Korea
Read by a model
Plaintiff is a citizen and national of South Korea |
How the case ended
- Docket
- No. 3:22-cv-00176
- On the docket
- This ruling (ECF 12), deciding the motion (ECF 9)
- Filed
- February 7, 2022
- Ended
- October 25, 2022
- Suit's filing to its end
- 260 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.
The ruling's entry is the docket's one order or judgment entered the day of the decision, and the motion number is 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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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.