Mandamus decisions / Southern District of California
Raufi v. Chertoff
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
Consequently, USCIS has until about April 19, 2006 to complete adjudication of the application. |
|---|---|
| Form or filing |
N-400 (naturalization)
Read by a model
Plaintiff now moves to compel Defendants to process his application for naturalization. |
| What the suit asked for |
Naturalization hearing or remand (1447(b))
Read by a model
Consequently, *815 under a tolling theory, Plaintiff is not statutorily authorized under 8 U.S.C. § 1447(b) to commence this action until on or about April 19, 2006. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
ORDER GRANTING MOTION TO DISMISS |
| Motion decided |
Other motion to dismiss
Read by a model
In sum, the motion to dismiss is granted. |
| Whose motion |
The government's motion
Read by a model
Defendants move to dismiss the mandamus complaint filed by Plaintiff. |
| Disposition |
Dismissed
The case or every delay claim was dismissed for a reason other than mootness.
Read by a model
The complaint is dismissed without prejudice, subject to reinstatement after expiration of the 120 period. |
| Prevailing party |
Government
Read by a model
For the reasons set forth below, the motion to dismiss is granted. |
| The delay claim |
Dismissed
Read by a model
The complaint is dismissed without prejudice, subject to reinstatement after expiration of the 120 period. |
| Months pending |
17.1 months from the application to the suit; 19.8 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
He became a Lawful Permanent Resident ("LPR") and applied for naturalization on July 20, 2004. |
| Months since the naturalization interview |
12.4 months from the interview (2005-03-03)
Read by a model
Raufi attended his naturalization interview in San Diego on March 3, 2005. |
| 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. 3:05-cv-02318
- Filed
- December 21, 2005
- Ended
- March 17, 2006
- Suit's filing to its end
- 86 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.
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.
-
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
-
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).
-
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
-
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.