Mandamus decisions / Southern District of California
Stoliarov v. USCIS
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
Defendants United States Citizenship and Immigration Services (“USCIS”) and 22 Director of USCIS Ur M. Jaddou (collectively, “Defendants”) filed a Motion to Dismiss |
|---|---|
| Form or filing |
I-485 (adjustment of status)
Read by a model
their applications for adjustment of status to lawful permanent 21 residents. |
| What the suit asked for |
Decide the application
Read by a model
In this case, the only relief Plaintiffs seek in their Complaint is an order requiring 20 Defendants to adjudicate their applications for adjustment of status to lawful permanent 21 residents. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
Defendants’ Motion to Dismiss is 28 therefore GRANTED. |
| Motion decided |
Motion to dismiss for lack of jurisdiction
Read by a model
ORDER GRANTING DEFENDANTS’ 11 v. MOTION TO DISMISS FED. R. CIV. P. 12(b)(1) |
| Whose motion |
The government's motion
Read by a model
Defendants’ Motion to Dismiss is therefore considered unopposed. |
| Disposition |
Dismissed as moot
Dismissed or denied as moot because the agency acted.
Read by a model
Plaintiffs’ claims are therefore rendered moot. |
| Prevailing party |
Neither side
Read by a model
Because 23 Plaintiffs have already received their requested relief, there is no longer a case or 24 controversy for the Court to resolve. Plaintiffs’ claims are therefore rendered moot. |
| The delay claim |
Moot: the agency acted
Read by a model
Plaintiffs’ claims are therefore rendered moot. |
| Months pending | Not stated at filing The agency acted before this decision, so the months up to the decision are not a delay and are not shown. Read by a model |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings |
Held moot
Read by a model
Because 23 Plaintiffs have already received their requested relief, there is no longer a case or 24 controversy for the Court to resolve. Plaintiffs’ claims are therefore rendered moot. |
How the case ended
- Docket
- No. 3:25-cv-01095
- Filed
- May 1, 2025
- Ended
- November 18, 2025
- Suit's filing to its end
- 201 days
- How it ended
- Ended once the agency acted
- From the record
- order 2025-11-18 dismisses for want of jurisdiction; 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 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.