Passim

Mandamus decisions / Western District of North Carolina

Shaiban v. Koumans

Western District of North CarolinaFrank D. WhitneyDecided October 5, 2020No. 3:18-cv-00153

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.

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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 USCIS Read by a model
This Court issued a stay pending a USCIS decision on Plaintiffs’ I-485 applications.
Form or filing I-485 (adjustment of status) Read by a model
Shaiban submitted an I-485 Application for Permanent Residence.
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
For the reasons stated herein, Defendants’ Partial Motion to Dismiss is GRANTED.
Motion decided Motion to dismiss for failure to state a claim Read by a model
A motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) tests the legal “sufficiency of a complaint”
Whose motion The government's motion Read by a model
THIS MATTER is before the Court on Defendants’ Partial Motion to Dismiss Plaintiffs’ Second Amended Petition.
Disposition Dismissed in part; some claims go on The government's motion to dismiss was granted in part: some claims were dismissed and others go on. Read by a model
As such, the Court declines to exercise its mandamus relief powers, and Count I of the Second Amended Petition is hereby DISMISSED.
Prevailing party Each side in part Read by a model
As such, the Court declines to exercise its mandamus relief powers, and Count I of the Second Amended Petition is hereby DISMISSED.
The delay claim Dismissed Read by a model
As such, the Court declines to exercise its mandamus relief powers, and Count I of the Second Amended Petition is hereby DISMISSED.
The other claims Some dismissed, some go on Read by a model
The Court further DISMISSES without prejudice all counts except for Count II (the Administrative Procedure Act claim).
Months pending 116.4 months from the application to the suit; 147.2 months from the application to the court's decision Read by a model
Two years later, in 2008, Mr. Shaiban submitted an I-485 Application for Permanent Residence.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings None Read by a model
Nationality Yemen Read by a model
Plaintiffs Saleh Shaiban (“Mr. Shaiban”) and Fatima Muthana (“Ms. Muthana”) are married Yemeni immigrants

How the case ended

Docket
No. 3:18-cv-00153
Filed
March 26, 2018
Ended
July 7, 2021
Suit's filing to its end
1,199 days
How it ended
Dismissed on jurisdiction or the merits
From the record
idb disp 6 (judgment: motion before trial), judgment for defendant

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 Fourth 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.