Mandamus decisions / Eastern District of California
(PS) Dalaf Louayme v. Mayorkas
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 |
USCIS
Read by a model
Defendants’ motion to remand to the United States Citizenship and Immigration Services (“USCIS”) for adjudication is before the court. |
|---|---|
| Form or filing |
N-400 (naturalization)
Read by a model
Plaintiff proceeds without counsel and seeks relief under 8 U.S.C. § 1447(b), asking the court to assume jurisdiction over this matter and grant petitioner’s application for naturalization. |
| What the suit asked for |
Naturalization hearing or remand (1447(b))
Read by a model
Plaintiff proceeds without counsel and seeks relief under 8 U.S.C. § 1447(b), asking the court to assume jurisdiction over this matter and grant petitioner’s application for naturalization. |
| Kind of order |
A magistrate judge's recommendation
Read by a model
These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). |
| Motion decided |
Remand under 1447(b)
Read by a model
On July 31, 2023, defendants filed a motion to remand under 8 U.S.C. § 1447(b). |
| Whose motion |
The government's motion
Read by a model
Defendants’ motion to remand to the United States Citizenship and Immigration Services (“USCIS”) for adjudication is before the court. |
| Disposition |
Magistrate judge's recommendation
A magistrate judge's report and recommendation. The district judge decides whether to adopt it, so it is not counted as either side's win.
Read by a model
These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). |
| Prevailing party |
Neither side
Read by a model
These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). |
| The delay claim |
Remanded to the agency
Read by a model
In addition, IT IS HEREBY RECOMMENDED as follows: Defendants’ motion to remand (ECF No. 7) be GRANTED; This matter be remanded to USCIS with instructions to reopen and complete adjudication within 30 days from the date of an order adopting these recommendations; |
| Months pending |
16.3 months from the application to the suit; 19.1 months from the application to the court's decision
A section 1447(b) suit: these months run from the naturalization application. The statute's 120 days run from the interview, which they do not measure.
Read by a model
According to the petition, petitioner reapplied for naturalization on January 20, 2022, after denial of a previous application. |
| Months since the naturalization interview |
7 months from the interview (2023-01-24)
Read by a model
Petitioner appeared for the rescheduled hearing on January 24, 2023. |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings | None Read by a model |
How the case ended
- Docket
- No. 2:23-cv-01009
- Filed
- May 30, 2023
- Ended
- October 5, 2023
- Suit's filing to its end
- 128 days
- How it ended
- Ended once the agency acted
- From the record
- voluntary dismissal 2023-10-05; idb disp 13 (dismissed: settled)
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.
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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 2026-11-03; it checks for new citing decisions daily. That is not a determination that the case is good law. The citation index lists 144 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.