Mandamus decisions / Northern District of Illinois
Sabo v. Mayorkas
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
After Sabo filed this case in federal court, USCIS took action: it denied her I-751 petition, began removal proceedings against her, and issued requests for evidence pertaining to her two pending I-130 petitions. |
|---|---|
| Form or filing |
I-130 (relative petition); I-751 (removal of conditions)
Read by a model
More than a year later, in October 2020, Ms. Sabo filed I-130 petitions on behalf of her two children, both of whom were minors. |
| What the suit asked for |
Decide the application
Read by a model
The relief Ms. Sabo requests is that USCIS “adjudicate [her] Forms I-130,” and—perhaps prompted by her complaint—USCIS has now started doing so. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
Defendants now move to dismiss Ms. Sabo’s complaint [13], and, for the reasons discussed below, the motion is granted. |
| Motion decided |
Motion to dismiss for lack of jurisdiction
Read by a model
Defendants now move to dismiss Ms. Sabo’s complaint [13], and, for the reasons discussed below, the motion is granted. |
| Whose motion |
The government's motion
Read by a model
Defendants now move to dismiss Ms. Sabo’s complaint [13] |
| Disposition |
Dismissed
The case or every delay claim was dismissed for a reason other than mootness.
Read by a model
For the reasons discussed below, the court determines that Plaintiff’s claims related to both her I-751 and I-130 petitions are moot and grants the motion. |
| Prevailing party |
Government
Read by a model
For the reasons discussed below, the court determines that Plaintiff’s claims related to both her I-751 and I-130 petitions are moot and grants the motion. |
| The delay claim |
Moot: the agency acted
Read by a model
For the reasons discussed below, the court determines that Plaintiff’s claims related to both her I-751 and I-130 petitions are moot and grants the motion. |
| The other claims |
Dismissed
Read by a model
Defendants now move to dismiss Ms. Sabo’s complaint [13], and, for the reasons discussed below, the motion is granted. |
| Months pending |
29.7 months from the application to the suit; 54.6 months from the application to the agency's action
Read by a model
Nonetheless, on August 18, 2023, USCIS denied her I-751 petition, claiming that her marriage was not bona fide and reviewing evidence USCIS relied on for that conclusion. |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings |
Held moot; APA adequate-remedy bar applied (mandamus claim fails)
Read by a model
For the reasons discussed below, the court determines that Plaintiff’s claims related to both her I-751 and I-130 petitions are moot and grants the motion. |
| Nationality |
Romania
Read by a model
Emese Sabo, a Romanian citizen |
| I-130 category |
Family preference
Read by a model
After receiving conditional permanent resident status in the United States, Emese Sabo, a Romanian citizen, filed an I-751 Petition to Remove Conditions on Residence, as well as two I- 130 Petitions for Alien Relative on behalf of her two sons. |
How the case ended
- Docket
- No. 1:23-cv-02189
- Filed
- April 7, 2023
- Ended
- June 5, 2024
- Suit's filing to its end
- 425 days
- How it ended
- Ended once the agency acted
- 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. Other suits in this court.
Supreme Court and Seventh 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.
-
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
-
Iddir v. INS, 301 F.3d 492
Seventh Circuit, August 6, 2002. INS had a nondiscretionary duty to adjudicate diversity-visa applications and § 1252(a)(2)(B)(ii) does not bar review of a failure to act, but no relief is available once the fiscal year ends.
ImmCite: caution, adverse or limiting treatment found. Questioned by Akash Shahi v. United States Department of S, 33 F.4th 927 (2022).
-
Calderon-Ramirez v. McCament, 877 F.3d 272
Seventh Circuit, December 5, 2017. USCIS must process U-visa petitions within a reasonable time, but neither mandamus nor the APA offers relief to an applicant who shows nothing setting him apart from those ahead of him in the oldest-first queue.
ImmCite: treatment available, history exists, not clearance
-
Pak v. Biden, 91 F.4th 896
Seventh Circuit, January 31, 2024. Consular nonreviewability bars a systemic challenge to how terrorism-related inadmissibility exemptions are considered, a matter the statute commits to the Secretaries' sole unreviewable discretion, and a statutory citation with a facial link to the record satisfies Mandel.
ImmCite: treatment available, history exists, not clearance. ImmCite has read all 2 published decisions citing this case, as of 2026-10-30; none treats it adversely. That describes those decisions; it is not a determination that the case is good law.
-
Shahi v. United States Department of State, 33 F.4th 927
Seventh Circuit, May 6, 2022. Courts cannot order a diversity visa issued after the fiscal year ends whatever relief is requested, because the statute ends eligibility, and the Mandamus Act supplies a remedy rather than jurisdiction.
ImmCite: unchecked, treatment not confirmed yet, not evidence either way. ImmCite has found no published decision citing this case as of 2026-10-29; it checks for new citing decisions daily. That is not a determination that the case is good law. The citation index lists 10 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.