Mandamus decisions / Northern District of California

Rivas Rosales v. Barr

Northern District of CaliforniaEdward M. ChenDecided March 30, 2020No. 3:20-cv-00888

Read the decisionOriginal on CourtListener

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What the decision decided

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Agency EOIR Read by a model
Respondents, William P. Barr and James McHenry, are being sued in their official capacities as the Attorney General of the Department of Justice and Director of the Executive Office of Immigration Review (“EOIR”) respectively.
Form or filing I-589 (asylum) Read by a model
In the meantime, Petitioners, through Mr. Rivas Rosales, applied for asylum by filing a I-589 application with the EOIR located in San Francisco on or about November 12, 2019.
What the suit asked for Some other action Read by a model
Petitioners seek to enjoin the use of VTC in their removal proceedings, a procedure which is part and parcel of the hearing.
Kind of order A ruling on a motion or the petition Read by a model
this Court must DENY Petitioners’ Motion for a Preliminary Injunction and DISMISS this suit because this Court lacks jurisdiction over the matter.
Motion decided Preliminary injunction or TRO Read by a model
Currently before this Court is Petitioners’ Motion for Preliminary Injunction, Docket No. 3
Whose motion The plaintiff's motion Read by a model
Currently before this Court is Petitioners’ Motion for Preliminary Injunction
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
Nonetheless, this Court must DENY Petitioners’ Motion for a Preliminary Injunction and DISMISS this suit because this Court lacks jurisdiction over the matter.
Prevailing party Government Read by a model
Nonetheless, this Court must DENY Petitioners’ Motion for a Preliminary Injunction and DISMISS this suit because this Court lacks jurisdiction over the matter.
The other claims Dismissed Read by a model
this Court must DENY Petitioners’ Motion for a Preliminary Injunction and DISMISS this suit because this Court lacks jurisdiction over the matter.
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 El Salvador Read by a model
Petitioners are a family of Salvadoran-nationals

How the case ended

Docket
No. 3:20-cv-00888
Filed
February 5, 2020
Ended
March 30, 2020
Suit's filing to its end
54 days
How it ended
Ended, outcome not recorded
From the record
idb disp 18 (statistical closing)

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.