Mandamus decisions / Northern District of California
Kohistani v. Scott
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
On July 22, 2024, USCIS responded via email relating to Silsila’s petition stating that it was received and that it would accommodate Plaintiff’s request for expedited processing. |
|---|---|
| Form or filing |
I-730 (refugee or asylee relative petition)
Read by a model
On February 1, 2024, Plaintiff submitted I-730 Petitions for Asylee Relatives for his spouse and children who remained in Afghanistan. |
| What the suit asked for |
Decide the application
Read by a model
asks that the Court compel Defendants to adjudicate Plaintiff’s I-730 Refugee Asylee Relative Petition for his spouse and minor children. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
the Court DENIES Defendants’ motion for summary judgment and GRANTS Plaintiff’s cross-motion for summary judgment on both the APA and Mandamus claims. |
| Motion decided |
Summary judgment
Read by a model
For the reasons set forth above, the Court DENIES Defendants’ motion for summary judgment and GRANTS Plaintiff’s cross-motion for summary judgment on both the APA and Mandamus claims. |
| Whose motion |
Cross-motions
Read by a model
On March 16, 2026, Defendants filed a motion for summary judgment. (Defs.’ Mot., Dkt. No. 27.) On April 23, 2026, Plaintiff filed an opposition and cross-motion for summary judgment. |
| Disposition |
Granted in the applicant's favor
The principal motion was granted in full: summary judgment for either side, an injunction or TRO, a writ or order to act, fees. A motion to dismiss granted in full counts as Dismissed; a transfer is listed apart.
Read by a model
For the reasons set forth above, the Court DENIES Defendants’ motion for summary judgment and GRANTS Plaintiff’s cross-motion for summary judgment on both the APA and Mandamus claims. |
| Prevailing party |
Applicant
Read by a model
For the reasons set forth above, the Court DENIES Defendants’ motion for summary judgment and GRANTS Plaintiff’s cross-motion for summary judgment on both the APA and Mandamus claims. |
| The delay claim |
Relief ordered
Read by a model
the Court DENIES Defendants’ motion for summary judgment and GRANTS Plaintiff’s cross-motion for summary judgment on both the APA and Mandamus claims. |
| Months pending |
15.6 months from the application to the suit; 29.9 months from the application to the court's decision
Read by a model
On February 1, 2024, Plaintiff submitted I-730 Petitions for Asylee Relatives for his spouse and children who remained in Afghanistan. |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings |
Section 1252(a)(2)(B) bar rejected
Read by a model
Accordingly, the Court has subject matter jurisdiction to review pace of adjudication claims, and Defendants are not entitled to summary judgment on this basis. |
How the case ended
- Docket
- No. 4:25-cv-04315
- Filed
- May 20, 2025
- Ended
- August 13, 2026
- Suit's filing to its end
- 450 days
- How it ended
- Ended, outcome not recorded
- From the record
- terminated; no disposition recorded
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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Kucana v. Holder, 558 U.S. 233
Supreme Court, January 20, 2010. Section 1252(a)(2)(B)(ii) bars review only of decisions whose discretionary character is specified by statute, not discretion the agency gives itself by regulation.
ImmCite: treatment available, history exists, not clearance
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Patel v. Garland, 596 U.S. 328
Supreme Court, May 16, 2022. Section 1252(a)(2)(B)(i) bars review of any judgment regarding the granting of the listed forms of relief, including the factual findings on which a denial of adjustment rests.
ImmCite: treatment available, history exists, not clearance
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Bouarfa v. Mayorkas, 604 U.S. 6
Supreme Court, December 10, 2024. Revoking an approved visa petition under § 1155 is a discretionary decision or action that § 1252(a)(2)(B)(ii) places beyond judicial review.
ImmCite: treatment available, history exists, not clearance
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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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Spencer Enterprises, Inc. v. United States, 345 F.3d 683
Ninth Circuit, September 17, 2003. Section 1252(a)(2)(B)(ii) covers only discretion specified by statute, so denials of EB-5 investor petitions remain reviewable; the Tenth Circuit declined to follow it, but it binds in the Ninth.
ImmCite: caution, adverse or limiting treatment found. Rejected in the Tenth Circuit by Yerkovich v. Ashcroft, 381 F.3d 990 (2004).
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Vega v. USCIS, 65 F.4th 469
Ninth Circuit, April 14, 2023. If a statute makes a decision wholly discretionary, regulations or agency practice cannot make it reviewable or exempt it from § 1252(a)(2)(B)(ii).
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 2026-11-03; 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.