Passim

Mandamus decisions / Northern District of California

Chheng v. U.S. Dept. of Homeland Security

Northern District of CaliforniaJacqueline Scott CorleyDecided November 10, 2021No. 3:21-cv-03223

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 Department of State Read by a model
As a visa applicant residing in Cambodia, only a Department of State consular officer can make a final decision regarding Nimul’s eligibility for a visa and any grounds of inadmissibility.
Form or filing DS-260 (immigrant visa); I-601 (waiver) Read by a model
A Department of State consular officer in Cambodia twice denied Nimul’s visa application and the Department of Homeland Security Administrative Appeals Office’s subsequently denied Nimul’s Form I-601 Application of Waiver for Grounds of Inadmissibility.
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
For the reasons stated above, the motion to dismiss is GRANTED without leave to amend.
Motion decided Motion to dismiss for failure to state a claim Read by a model
Defendant now moves to dismiss Plaintiffs’ action based on the doctrine of consular nonreviewability and for failure to state a claim.
Whose motion The government's motion Read by a model
Defendant now moves to dismiss Plaintiffs’ action based on the doctrine of consular nonreviewability and for failure to state a claim.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
For the reasons stated above, the motion to dismiss is GRANTED without leave to amend.
Prevailing party Government Read by a model
For the reasons stated above, the motion to dismiss is GRANTED without leave to amend.
The other claims Dismissed Read by a model
For the reasons stated above, the motion to dismiss is GRANTED without leave to amend.
Months pending Not stated Read by a model
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Consular nonreviewability applied Read by a model
Accordingly, the doctrine of consular non-reviewability bars Plaintiffs’ APA claim.
Nationality Cambodia Read by a model
his son Nimul Chheng, a Cambodian citizen

How the case ended

Docket
No. 3:21-cv-03223
Filed
April 30, 2021
Ended
November 10, 2021
Suit's filing to its end
194 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.

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.