Passim

Mandamus decisions / Western District of New York

Shaibi v. Cissna

Western District of New YorkLawrence J. VilardoDecided August 20, 2019

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.

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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
Both I-130 petitions subject to the operative complaint and three of the I-130 petitions subject to the proposed amended complaint are at USCIS’s Buffalo, NY Field Office.
Form or filing I-130 (relative petition) Read by a model
According to the first amended complaint, plaintiff Najla Shaibi filed Form I-130, Petition for Alien Relative, on behalf of her husband and children, also plaintiffs, and provided all requested documentation.
What the suit asked for Decide the application Read by a model
They all seek a writ of mandamus compelling the defendants to adjudicate those petitions without unreasonable delay and a declaratory judgment that any such delay is unlawful.
Kind of order A ruling on a motion or the petition Read by a model
The defendants’ motion to dismiss, Docket Items 23, 24, is granted as to the Western New York plaintiffs’ claims for injunctive relief.
Motion decided Motion to dismiss for lack of jurisdiction Read by a model
The defendants’ motion to dismiss, Docket Items 23, 24, is granted as to the Western New York plaintiffs’ claims for injunctive relief.
Whose motion Cross-motions Read by a model
the plaintiffs’ motion to amend the complaint, Docket Item 16, is granted in part to allow them to add other plaintiffs and Bivens claims. The defendants’ motion to dismiss, Docket Items 23, 24, is granted as to the Western New York plaintiffs’ claims for injunctive relief.
Disposition Dismissed as moot Dismissed or denied as moot because the agency acted. Read by a model
The defendants’ motion to dismiss, Docket Items 23, 24, is granted as to the Western New York plaintiffs’ claims for injunctive relief.
Prevailing party Neither side Read by a model
Here, the plaintiffs’ Form I-130 petitions have been adjudicated.
The delay claim The delay claim goes on Read by a model
Nevertheless, it is not clear that this Court should adjudicate those claims— whether they seek injunctive relief or damages—brought by plaintiffs who do not reside in Western New York.
The other claims The delay claim goes on Read by a model
And these claims for damages, which may or may not be viable under Bivens, are not moot.
Months pending Not stated at filing The agency acted before this decision, so the months up to the decision are not a delay and are not shown. Read by a model
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Held moot; Mootness argument rejected Read by a model
The voluntary cessation doctrine also does not vest this Court with jurisdiction.
Nationality Yemen Read by a model
The plaintiffs are Yemeni nationals and their legal permanent-resident family members who have filed Form I-130 Petitions for Alien Relatives on their behalf.
I-130 category Family preference Read by a model
The plaintiffs are Yemeni nationals and their legal permanent-resident family members who have filed Form I-130 Petitions for Alien Relatives on their behalf.

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 Second 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.