Mandamus decisions / Northern District of Illinois

Mohamed v. Mullin

Northern District of IllinoisVirginia M. KendallDecided September 9, 2026No. 1:26-cv-04541

Read the decisionOriginal on CourtListener

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What the decision decided

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Agency USCIS Read by a model
The Petition is being processed by the USCIS Texas Service Center in Irving, Texas.
Form or filing I-130 (relative petition) Read by a model
On November 14, 2024, Mohamed filed a Form I-130 (the “Petition”) with USCIS on behalf of Nasser.
What the suit asked for Decide the application Read by a model
Mohamed filed this action on April 22, 2026, seeking to compel the adjudication of the Petition under Section 706(1) of the APA or the Mandamus Act.
Kind of order A ruling on a motion or the petition Read by a model
For the reasons set forth above, Defendants’ Motion to Dismiss [17] is granted.
Motion decided Motion to dismiss for failure to state a claim Read by a model
Nevertheless, since the Court is resolving the Motion on 12(b)(6) grounds, it need not resolve this jurisdictional issue.
Whose motion The government's motion Read by a model
Defendants now move to dismiss the Complaint pursuant to Rules 12(b)(1) and 12(b)(6).
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
Mohamed’s Complaint [1] is dismissed without prejudice.
Prevailing party Government Read by a model
For the reasons set forth above, Defendants’ Motion to Dismiss [17] is granted. Mohamed’s Complaint [1] is dismissed without prejudice.
The delay claim Dismissed Read by a model
For the reasons set forth above, Defendants’ Motion to Dismiss [17] is granted. Mohamed’s Complaint [1] is dismissed without prejudice.
Months pending 17.2 months from the application to the suit; 21.8 months from the application to the court's decision Read by a model
On November 14, 2024, Mohamed filed a Form I-130 (the “Petition”) with USCIS on behalf of Nasser.
TRAC factors The court did not weigh the TRAC factors Read by a model
The government's delay arguments Line-jumping accepted Read by a model
Additionally, Mohamed has not alleged any facts to suggest that her and Nasser’s wait time has been more unreasonable than others waiting in the same line such that they have a right to “skip ahead” the petitioners who have filed an application before them.
Threshold rulings APA adequate-remedy bar applied (mandamus claim fails) Read by a model
Since Mohamed is seeking the same relief under the APA, she cannot satisfy the third element.
Nationality Yemen Read by a model
her husband, Nabil Nasser, a citizen of Yemen.
I-130 category Immediate relative Read by a model
Mohamed is a naturalized citizen of the United States. (Dkt. 1 ¶ 10). She married Nasser, a Yemeni national, on October 30, 2023 in Illinois.

How the case ended

Docket
No. 1:26-cv-04541
Filed
April 22, 2026
Ended
September 9, 2026
Suit's filing to its end
140 days
How it ended
Dismissed on jurisdiction or the merits
From the record
order 2026-09-09 for the defendants, ground not stated

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 14, 2026. Check the current status before relying on one.