Passim

Mandamus decisions / District of Nevada

Vaz v. McHenry

District of NevadaKent J. DawsonDecided March 26, 2021

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.

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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 EOIR Read by a model
EOIR has considerable discretion to investigate and resolve complaints.
Form or filing None named Read by a model
What the suit asked for Some other action Read by a model
Plaintiff fails to show that his claim is so plain and free of doubt that EOIR has a nondiscretionary, ministerial, duty to provide him with an expedited investigation and conclusion.
Kind of order A ruling on a motion or the petition Read by a model
Accordingly, IT IS HEREBY ORDERED that Defendant’s Motion to Dismiss (#14) is GRANTED;
Motion decided Motion to dismiss for lack of jurisdiction Read by a model
Defendants move to dismiss for lack of subject-matter jurisdiction pursuant to Federal Rule of Civil Procedure (“Rule) 12(b)(1) and failure to state a claim under Rule 12(b)(6).
Whose motion The government's motion Read by a model
Presently before the Court is Defendants’ Motion to Dismiss Writ of Mandamus (#14).
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
Accordingly, IT IS HEREBY ORDERED that Defendant’s Motion to Dismiss (#14) is GRANTED;
Prevailing party Government Read by a model
IT IS FURTHER ORDERED that the Clerk of the Court enter JUDGMENT for ° Defendants and against Plaintiff.
The delay claim Dismissed Read by a model
Accordingly, IT IS HEREBY ORDERED that Defendant’s Motion to Dismiss (#14) is GRANTED;
Months pending 34.8 months from the application to the court's decision Read by a model
Plaintiff filed a complaint with the Executive Office for Immigration Review (“EOIR”) 16 on May 3, 2018, which alleged egregious misconduct on the part of Plaintiff’s previous attorney.
TRAC factors The court weighed the TRAC factors
  • 1. Rule of reasonnot reached
  • 2. Congressional timetablefavors the government
  • 3. Human health and welfarenot reached
  • 4. Competing prioritiesfavors the government
  • 5. Interests prejudicednot reached
  • 6. No impropriety needednot reached
Read by a model
Further, there are no established time tables for action on a complaint.
The government's delay arguments First-in, first-out processing accepted; Line-jumping accepted Read by a model
However, Plaintiff’s complaint should be handled in the order it was received and as resources permit.
Threshold rulings None Read by a model

How the case ended

This decision is not linked to a docket in the docket record yet, so how the case ended is not shown.

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.