Mandamus decisions / Southern District of California
Ghali v. Radel
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 allege Plaintiffs’ APA claim must fail because “USICS has not ‘unreasonably delayed’ any agency action.” |
|---|---|
| Form or filing |
I-589 (asylum)
Read by a model
In March 2015, Plaintiffs filed applications for asylum |
| What the suit asked for |
Decide the asylum application
Read by a model
Here, Plaintiffs allege that the three plus year delay in processing their asylum applications is unreasonable and requests that the Court compel agency action. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
the Court GRANTS Defendants’ motion to dismiss Plaintiffs’ claims under the APA and the Mandamus Statute. |
| Motion decided |
Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim
Read by a model
Finding that Plaintiffs neither established subject matter jurisdiction nor stated a claim for relief, the Court GRANTS Defendants’ dismissal motion. |
| Whose motion |
The government's motion
Read by a model
Before the Court is Defendants’ motion to dismiss Plaintiffs’ complaint for mandamus relief |
| Disposition |
Dismissed
The case or every delay claim was dismissed for a reason other than mootness.
Read by a model
For the reasons stated herein, the Court GRANTS Defendants’ motion to dismiss Plaintiffs’ claims under the APA and the Mandamus Statute. |
| Prevailing party |
Government
Read by a model
For the reasons stated herein, the Court GRANTS Defendants’ motion to dismiss Plaintiffs’ claims under the APA and the Mandamus Statute. |
| The delay claim |
Dismissed
Read by a model
the Court GRANTS Defendants’ motion to dismiss Plaintiffs’ claims under the APA and the Mandamus Statute. |
| The other claims |
Not decided here
Read by a model
the Court also GRANTS Plaintiffs leave to amend only to allege any constitutional claims hinted at in their opposition. |
| Months pending |
48.5 months from the application to the court's decision
Read by a model
In March 2015, Plaintiffs filed applications for asylum |
| TRAC factors |
The court weighed the TRAC factors
The first and second factors slightly favor Plaintiffs. |
| The government's delay arguments |
Line-jumping accepted
Read by a model
a judicial order compelling agency action is improper when “putting [an individual] at the head of the queue would simply move all others back one space and produce no net gain.” |
| Threshold rulings | None Read by a model |
How the case ended
- Docket
- No. 3:18-cv-00508
- Filed
- March 8, 2018
- Ended
- November 22, 2019
- Suit's filing to its end
- 624 days
- How it ended
- Dismissed on jurisdiction or the merits
- From the record
- idb disp 3 (dismissed: lack of jurisdiction)
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.
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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.