Mandamus decisions / Southern District of Ohio
Daniel v. Secretary, Department of Homeland Security
Read the decisionOriginal on CourtListener
2,917 written decisions from 2,664 cases in the whole mandamus and agency-delay group, the group's newest decided October 30, 2026. Updated November 3, 2026 at 7:07 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
Plaintiffs brought this suit to petition Defendants Secretary of the Department of Homeland Security, Director of USCIS, and Field Office Director of the USCIS Cincinnati Field Office to adjudicate Plaintiffs' 1-130 petition. |
|---|---|
| Form or filing |
I-130 (relative petition)
Read by a model
Plaintiffs had not received an adjudication on their I-130 petition. |
| What the suit asked for |
Decide the application
Read by a model
Plaintiffs brought this suit to petition Defendants Secretary of the Department of Homeland Security, Director of USCIS, and Field Office Director of the USCIS Cincinnati Field Office to adjudicate Plaintiffs' 1-130 petition. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS (Doc. 6) |
| Motion decided |
Motion to dismiss for lack of jurisdiction
Read by a model
For these reasons, this Court GRANTS Defendants' Motion to Dismiss for Lack of Subject Matter Jurisdiction (Doc. 6). |
| Whose motion |
The government's motion
Read by a model
This matter is before the Court on Defendants' Motion to Dismiss for Lack of Subject Matter Jurisdiction (Doc. 6). |
| Disposition |
Dismissed
The case or every delay claim was dismissed for a reason other than mootness.
Read by a model
Plaintiffs' case is DISMISSED WITH PREJUDICE and TERMINATED from the docket. |
| Prevailing party |
Government
Read by a model
For these reasons, this Court GRANTS Defendants' Motion to Dismiss for Lack of Subject Matter Jurisdiction (Doc. 6). |
| The delay claim |
Dismissed
Read by a model
Plaintiffs' case is DISMISSED WITH PREJUDICE and TERMINATED from the docket. |
| Months pending |
48.1 months from the application to the suit; 52.7 months from the application to the court's decision
Read by a model
Plaintiffs Sylatia Daniel, a United States citizen, and Fousseynou Toure, a citizen of Mali and husband of Ms. Daniel, filed an 1-130 petition on October 6, 2020. |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings | None Read by a model |
| Nationality |
Mali
Read by a model
Fousseynou Toure, a citizen of Mali |
| I-130 category |
Immediate relative
Read by a model
Plaintiffs Sylatia Daniel, a United States citizen, and Fousseynou Toure, a citizen of Mali and husband of Ms. Daniel |
How the case ended
- Docket
- No. 1:24-cv-00561
- Filed
- October 8, 2024
- Ended
- February 27, 2025
- Suit's filing to its end
- 142 days
- How it ended
- Dismissed on jurisdiction or the merits
- From the record
- idb disp 3 (dismissed: lack of jurisdiction)
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 Sixth 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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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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Barrios Garcia v. U.S. Department of Homeland Security, 25 F.4th 430
Sixth Circuit, February 10, 2022. Courts may review and compel unreasonably delayed U-visa waitlist placement and bona fide determinations under TRAC, though not discretionary pre-waitlist work authorization, disagreeing in part with the Fourth Circuit's Gonzalez.
ImmCite: unchecked, treatment not confirmed yet, not evidence either way. No verified adverse treatment has been found so far. All 2 precedential decisions citing this case have been reviewed as of 2026-10-29.