Passim

Mandamus decisions / Southern District of Mississippi

Obeid v. Tomaszewicz

Southern District of MississippiCarlton W. ReevesDecided August 22, 2024

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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.

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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
Mr. Obeid seeks an Order or writ of mandamus forcing the State Department officials to process the applications immediately.
Form or filing 221(g) (consular refusal); DS-260 (immigrant visa) Read by a model
In January 2023, a consular official at the U.S. Embassy in Djibouti interviewed Mr. Obeid’s wife and children. His family’s applications were then placed in “administrative processing.” This is called a “§ 221(g) refusal.”
What the suit asked for Finish 221(g) processing Read by a model
As of now, their applications are still refused under § 221(g).
Kind of order A ruling on a motion or the petition Read by a model
The motion is granted. A separate Final Judgment shall issue.
Motion decided Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim Read by a model
The defendants’ motion invokes Rules 12(b)(1) and 12(b)(6).
Whose motion The government's motion Read by a model
Before the Court is the defendants’ motion to dismiss for lack of subject matter jurisdiction and failure to state a claim.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
The result is that the case will be dismissed “without prejudice to renewal.”
Prevailing party Government Read by a model
On review, the motion will be granted for failure to state a claim.
The delay claim Dismissed Read by a model
On review, the motion will be granted for failure to state a claim.
The other claims Dismissed Read by a model
And because he has not responded to the defendants’ arguments seeking dismissal of his Constitutional claim, he has abandoned it.
Months pending 7 months from the application to the suit; 19.2 months from the application to the court's decision Read by a model
In January 2023, a consular official at the U.S. Embassy in Djibouti interviewed Mr. Obeid’s wife and children.
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 needednot reached
Read by a model
Its conduct falls within the rule of reason.
The government's delay arguments Line-jumping accepted Read by a model
relief is disfavored where, as here, a judicial Order or writ would put the plaintiff at the front of the line at the expense of everyone else awaiting a decision
Threshold rulings Consular nonreviewability rejected Read by a model
No final decision has been rendered. As such, this Court has subject matter jurisdiction as to their claims.
I-130 category Immediate relative Read by a model
Adham Obeid is a U.S. citizen who lives in Mississippi. In April 2021, he filed I-130 petitions with U.S. Citizenship and Immigration Services seeking green cards for his wife and twin daughters.

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 Fifth 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.