Mandamus decisions / Eastern District of Michigan
Pena Garcia v. US Department of Homeland Security
Read the decisionOriginal on CourtListener
2,996 written decisions from 2,731 cases in the whole mandamus and agency-delay group, the group's newest decided November 12, 2026. Updated November 14, 2026 at 1:17 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 1,617 public decisions since January 1, 2025 that a CourtListener and GovInfo search for mandamus and agency delay finds, Passim holds 1,406 (87%), 1,039 of them in this group, measured November 14, 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 |
DHS
Read by a model
The DHS subsequently ordered Pena Garcia to appear to the ICE Detroit field office and to “[b]ring [her] travel plan.” |
|---|---|
| Form or filing | None named Read by a model |
| What the suit asked for |
Some other action
Read by a model
Although Pena Garcia frames her requested relief as an administrative correction of a misclassification error, this Court is unable to grant that relief where she was, in fact, properly classified. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
Accordingly, it is ORDERED that Defendants’ Motion to Dismiss, ECF No. 11, is GRANTED, thereby DISMISSING THE CASE. |
| Motion decided |
Motion to dismiss for lack of jurisdiction
Read by a model
Defendants thereafter moved to dismiss the Complaint for lack of subjectmatter jurisdiction given that Pena Garcia had already left the country. |
| Whose motion |
The government's motion
Read by a model
Defendants thereafter moved to dismiss the Complaint for lack of subjectmatter jurisdiction given that Pena Garcia had already left the country. |
| Disposition |
Dismissed as moot
Dismissed or denied as moot because the agency acted.
Read by a model
Thus, this issue is moot, and this Court lacks jurisdiction to change that fact. See Demis, 558 F.3d at 512. Therefore, this Court will dismiss the case. |
| Prevailing party |
Neither side
Read by a model
Accordingly, this matter is now moot. |
| The other claims |
Moot: the agency acted
Read by a model
Thus, this issue is moot, and this Court lacks jurisdiction to change that fact. See Demis, 558 F.3d at 512. Therefore, this Court will dismiss the case. |
| 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 |
Section 1252(a)(2)(B) bar applied; Held moot
Read by a model
over voluntary-departure decisions. See 8 U.S.C. §§ 1229c(f), 1252(a)(2)(B)(i); see also 8 C.F.R. § 1240.26(f). |
| Nationality |
Mexico
Read by a model
Plaintiff Rosa Maria Pena Garcia is a citizen of Mexico |
Other orders in this case
The group holds 2 decisions from this suit, oldest first. Outcome counts on these pages count the case once, by its latest decision, this one. How decisions are grouped into cases.
| Decision | Decided | Judge | Disposition |
|---|---|---|---|
| Pena Garcia v. US Department of Homeland Security | July 16, 2025 | Susan K. DeClercq | Denied in the government's favor |
| Pena Garcia v. US Department of Homeland SecurityThis decisionThe case's latest decision: its outcome is the one counted | September 21, 2026 | Susan K. Declercq | Dismissed as moot |
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 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 14, 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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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 2026-11-13.