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 |
ICE
Read by a model
On May 13, 2025, ICE indicated that it was proceeding with removing Pena Garcia through a series of notices. |
|---|---|
| Form or filing | None named Read by a model |
| What the suit asked for | Not recorded Read by a model |
| Kind of order |
A ruling on a motion or the petition
Read by a model
Accordingly, it is ORDERED that Plaintiff’s Emergency Motion for Preliminary Injunction or Stay of Removal, ECF No. 3, is DENIED. |
| Motion decided |
Preliminary injunction or TRO
Read by a model
Accordingly, it is ORDERED that Plaintiff’s Emergency Motion for Preliminary Injunction or Stay of Removal, ECF No. 3, is DENIED. |
| Whose motion |
The plaintiff's motion
Read by a model
Plaintiff’s Emergency Motion for Preliminary Injunction or Stay of Removal, ECF No. 3 |
| Disposition |
Denied in the government's favor
The principal motion was denied in full: relief the plaintiff asked for denied on the merits, such as summary judgment, an injunction or fees. The government's motion denied so the case goes on is listed apart.
Read by a model
Accordingly, it is ORDERED that Plaintiff’s Emergency Motion for Preliminary Injunction or Stay of Removal, ECF No. 3, is DENIED. |
| Prevailing party |
Government
Read by a model
Accordingly, it is ORDERED that Plaintiff’s Emergency Motion for Preliminary Injunction or Stay of Removal, ECF No. 3, is DENIED. |
| The other claims |
Relief denied
Read by a model
Accordingly, it is ORDERED that Plaintiff’s Emergency Motion for Preliminary Injunction or Stay of Removal, ECF No. 3, is DENIED. |
| Months pending | Not stated Read by a model |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings | None Read by a model |
| Nationality |
Mexico
Read by a model
Plaintiff Rosa Maria Pena Garcia, a Mexican citizen, |
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. How decisions are grouped into cases.
| Decision | Decided | Judge | Disposition |
|---|---|---|---|
| Pena Garcia v. US Department of Homeland SecurityThis decision | July 16, 2025 | Susan K. DeClercq | Denied in the government's favor |
| Pena Garcia v. US Department of Homeland SecurityThe 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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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.