Mandamus decisions / Northern District of California
Wang v. Edlow
Read the decisionOriginal on CourtListener
2,948 written decisions from 2,691 cases in the whole mandamus and agency-delay group, the group's newest decided November 10, 2026. Updated November 11, 2026 at 1:21 p.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 1,632 public decisions since January 1, 2025 that a CourtListener and GovInfo search for mandamus and agency delay finds, Passim holds 1,398 (86%), measured November 11, 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
The Court therefore also has jurisdiction over Wang’s claim that USCIS has unreasonably delayed adjudicating the Form I-730. |
|---|---|
| Form or filing |
I-485 (adjustment of status); I-730 (refugee or asylee relative petition)
Read by a model
alleging Defendants have unreasonably delayed adjudicating his Form I- 485 application to adjust status as an asylee and his Form I-730 asylee relative petition |
| What the suit asked for |
Decide the application
Read by a model
He asks the Court to order Defendants to adjudicate both filings within 30 days. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
For the reasons stated above, the Court DENIES Defendants’ motion to dismiss. |
| Motion decided |
Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim
Read by a model
Pending before the Court is Defendants’ Motion to Dismiss under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). |
| Whose motion |
The government's motion
Read by a model
Pending before the Court is Defendants’ Motion to Dismiss under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). |
| Disposition |
Denied in the applicant's favor
The principal motion was denied in full: a motion to dismiss denied so the case goes on, or relief denied on the merits.
Read by a model
For the reasons stated above, the Court DENIES Defendants’ motion to dismiss. |
| Prevailing party |
Applicant
Read by a model
For the reasons stated above, the Court DENIES Defendants’ motion to dismiss. |
| The delay claim |
The delay claim goes on
Read by a model
For the reasons stated above, the Court DENIES Defendants’ motion to dismiss. |
| Months pending |
13.8 months from the application to the suit; 18.6 months from the application to the court's decision
Read by a model
On April 16, 2025, Wang submitted a Form I-485 to adjust status based on his grant of asylum. |
| TRAC factors |
The court weighed the TRAC factors
The relatively brief delay favors Defendants under the first TRAC factor |
| The government's delay arguments |
First-in, first-out processing rejected; Line-jumping rejected
Read by a model
Here, the complaint pleads no rule of reason, Defendants identify no comparable statutory ordering requirement for asylee adjustment or Form I-730 petitions, and the only support for the practice is Defendants’ description of it in their motion. |
| Threshold rulings |
Section 1252(a)(2)(B) bar rejected
Read by a model
The Court accordingly concludes that § 1252(a)(2)(B)(ii) does not deprive it of jurisdiction over Wang’s claim regarding Form I-485. |
How the case ended
- Docket
- No. 3:26-cv-05646
- Filed
- June 11, 2026
- Status
- Pending as of the last docket check
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 11, 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 2026-11-10; 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.