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Mandamus decisions / Northern District of Illinois

Samirah v. Mukasey

Northern District of IllinoisJames B. MoranDecided February 13, 2008

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What the decision decided

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Agency Department of Justice Read by a model
For the same reasons, we hold that the Attorney General has a duty to provide the plaintiff a removal hearing.
Form or filing None named Read by a model
What the suit asked for Some other action Read by a model
Plaintiff asks us to use our power under the Mandamus Act and the Administrative Procedure Act to order the Attorney General to provide the required hearing.
Kind of order A ruling on a motion or the petition Read by a model
plaintiffs motion for summary judgment is granted. The government's motion for summary judgment is denied.
Motion decided Summary judgment Read by a model
Both parties now move for summary judgment in this court.
Whose motion Cross-motions Read by a model
Both parties now move for summary judgment in this court.
Disposition Granted in the applicant's favor The principal motion was granted in full: summary judgment for either side, an injunction or TRO, a writ or order to act, fees. A motion to dismiss granted in full counts as Dismissed; a transfer is listed apart. Read by a model
In light of our finding that the Attorney General failed to provide plaintiff with his statutorily guaranteed removal hearing, plaintiffs motion for summary judgment is granted.
Prevailing party Applicant Read by a model
plaintiffs motion for summary judgment is granted. The government's motion for summary judgment is denied.
The delay claim Relief ordered Read by a model
The Attorney General is directed to allow plaintiff to return to the United States, or to wherever the removal hearing is to proceed, within 60 days of the date of this order.
The other claims Relief ordered Read by a model
In light of our finding that the Attorney General failed to provide plaintiff with his statutorily guaranteed removal hearing, plaintiffs motion for summary judgment is granted.
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 Jordan Read by a model
Plaintiff Sabri Ibrahim Samirah, a native and citizen of Jordan, entered the United States in 1987 on a student visa.

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 Seventh 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.