Mandamus decisions / District of Oregon
Houdroj v. Chertoff
Read the decisionOriginal on GovInfo
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
In a decision dated August 12, 2004, defendant McNamee, USCIS District Director, denied plaintiff's application on the grounds that plaintiff lacked "good moral character." |
|---|---|
| Form or filing |
N-400 (naturalization)
Read by a model
Plaintiff filed a second Application for Naturalization on January 4, 2005, and a third Application for Naturalization on October 14, 2005. |
| What the suit asked for |
Some other action
Read by a model
Plaintiff moves for the issuance of a writ of mandamus ordering defendants to determine plaintiff's prima facie eligibility for naturalization. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
For the reasons set out below, defendants' motion to dismiss is granted in part and denied in part, and plaintiff's motion for issuance of a writ of mandamus is denied. |
| Motion decided |
Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim
Read by a model
Defendant's motion to dismiss for lack of jurisdiction and failure to state a claim (# 17) is GRANTED IN PART and DENIED IN PART. |
| Whose motion |
Cross-motions
Read by a model
As noted above, defendants move to dismiss this action for failure to state a claim upon which relief may be granted and for lack of jurisdiction, and plaintiff seeks a writ of mandamus requiring defendants to determine his prima facie eligibility for naturalization. |
| Disposition | Dismissed in part; some claims go on The government's motion to dismiss was granted in part: some claims were dismissed and others go on. Read by a model |
| Prevailing party | Each side in part Read by a model |
| The other claims |
Some dismissed, some go on
Read by a model
Defendant's motion to dismiss for lack of jurisdiction and failure to state a claim (# 17) is GRANTED IN PART and DENIED IN PART. |
| Months pending |
1 months from the application to the agency's action
Read by a model
Plaintiff withdrew his second application in March, 2005, and defendant McNamee denied plaintiff's third application on November 14, 2005. |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings | None Read by a model |
| Nationality |
Lebanon
Read by a model
Plaintiff was born in Lebanon on February 3, 1978, and is a Lebanese citizen. |
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 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.