Passim

Mandamus decisions / Eastern District of Michigan

Yafai v. U.S. Department of State

Eastern District of MichiganF. Kay BehmDecided May 31, 2024No. 4:23-cv-13199

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 Department of State Read by a model
Plaintiffs bring this action alleging that the U.S. Department of State unreasonably delayed in acting on Plaintiff Diana Khaled Abdulghani Saleh’s immigrant visa application.
Form or filing 221(g) (consular refusal); DS-260 (immigrant visa) Read by a model
Plaintiffs bring this action alleging that the U.S. Department of State unreasonably delayed in acting on Plaintiff Diana Khaled Abdulghani Saleh’s immigrant visa application.
What the suit asked for Finish 221(g) processing Read by a model
In Count II of the Complaint, Plaintiffs seek relief under the APA, similarly claiming that Defendants failed to render timely action on Plaintiffs’ I-130 petition by failing to complete the administrative processing
Kind of order A ruling on a motion or the petition Read by a model
For the reasons set forth above, the court GRANTS Defendants’ motion to dismiss the Complaint in its entirety.
Motion decided Motion to dismiss for failure to state a claim Read by a model
In deciding a motion to dismiss under Rule 12(b)(6), the court “must construe the complaint in the light most favorable to the [nonmoving party]
Whose motion The government's motion Read by a model
Defendants have filed a motion to dismiss the Complaint.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
For the reasons set forth above, the court GRANTS Defendants’ motion to dismiss the Complaint in its entirety.
Prevailing party Government Read by a model
For the reasons set forth above, the court GRANTS Defendants’ motion to dismiss the Complaint in its entirety.
The delay claim Dismissed Read by a model
For these reasons, the court finds that Plaintiffs have not plausibly stated a claim for unreasonable delay and the APA claim (Count II) must be dismissed.
The other claims Dismissed Read by a model
For the reasons set forth above, the court GRANTS Defendants’ motion to dismiss the Complaint in its entirety.
Months pending 12.5 months from the application to the court's decision Read by a model
Saleh appeared for her visa interview at the United States Embassy in Djibouti on May 16, 2023.
TRAC factors The court weighed the TRAC factors
  • 1. Rule of reasonfavors the government
  • 2. Congressional timetablefavors the government
  • 3. Human health and welfarefavors the applicant
  • 4. Competing prioritiesfavors the government
  • 5. Interests prejudicedfavors the applicant
  • 6. No impropriety neededfavors the government
Read by a model
Thus, the delay here falls within the scope of a reasonable, rather than an unreasonable delay and these factors favor the government.
The government's delay arguments Line-jumping accepted Read by a model
The fourth factor also favors the government, as “a judicial order putting” a plaintiff’s application “at the head of the queue” would “move[ ] all others back one space and produce[ ] no net gain.”
Threshold rulings Consular nonreviewability rejected; APA adequate-remedy bar applied (mandamus claim fails) Read by a model
Accordingly, Plaintiffs have correctly characterized the decision at issue as non-final and thus, Defendants’ alleged failure to timely process the application for visa is subject to judicial review under the APA.
Nationality Yemen Read by a model
Plaintiff Saleh, a citizen and resident of Yemen.
I-130 category Immediate relative Read by a model
In this case, Plaintiff Yafai, a United States citizen, sought an immigrant visa on behalf of his spouse, Plaintiff Saleh, a citizen and resident of Yemen.

How the case ended

Docket
No. 4:23-cv-13199
Filed
December 14, 2023
Ended
May 31, 2024
Suit's filing to its end
169 days
How it ended
Dismissed on jurisdiction or the merits
From the record
order 2024-05-31 for the defendants, ground not stated; idb disp 14 (dismissed: other)

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