Mandamus decisions / Northern District of Illinois

Sbeih v. Executive Office of Immigration Review

Northern District of IllinoisGettlemanDecided November 3, 1997

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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	EOIR Read by a model He seeks a writ of mandamus in connection with deportation proceedings conducted against him before the Immigration Judge of the Executive Office for Immigration Review (the “Immigration Judge”).
Form or filing	None named Read by a model
What the suit asked for	Some other action Read by a model Thus, petitioner seeks a writ of mandamus ordering the Immigration Judge to exercise his discretion and consider whether to reinstate petitioner’s voluntary departure before denying his motion to reopen because his period of voluntary departure had expired.
Kind of order	A ruling on a motion or the petition Read by a model Accordingly, the mandamus petition is dismissed for lack of subject matter jurisdiction.
Motion decided	None Read by a model
Whose motion	The plaintiff's motion Read by a model Thus, petitioner seeks a writ of mandamus ordering the Immigration Judge to exercise his discretion
Disposition	Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model Accordingly, the mandamus petition is dismissed for lack of subject matter jurisdiction.
Prevailing party	Government Read by a model Accordingly, the mandamus petition is dismissed for lack of subject matter jurisdiction.
The other claims	Dismissed Read by a model Accordingly, the mandamus petition is dismissed for lack of subject matter jurisdiction.
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 Petitioner is a native and citizen of Jordan

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Supreme Court decisions and the circuit's published decisions listed here bind this court; a circuit disposition marked nonprecedential was not published as precedent and is persuasive only.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 3, 2026. Check the current status before relying on one.

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
Iddir v. INS, 301 F.3d 492

Seventh Circuit, August 6, 2002. INS had a nondiscretionary duty to adjudicate diversity-visa applications and § 1252(a)(2)(B)(ii) does not bar review of a failure to act, but no relief is available once the fiscal year ends.

ImmCite: caution, adverse or limiting treatment found. Questioned by Akash Shahi v. United States Department of S, 33 F.4th 927 (2022).
Calderon-Ramirez v. McCament, 877 F.3d 272

Seventh Circuit, December 5, 2017. USCIS must process U-visa petitions within a reasonable time, but neither mandamus nor the APA offers relief to an applicant who shows nothing setting him apart from those ahead of him in the oldest-first queue.

ImmCite: treatment available, history exists, not clearance
Pak v. Biden, 91 F.4th 896

Seventh Circuit, January 31, 2024. Consular nonreviewability bars a systemic challenge to how terrorism-related inadmissibility exemptions are considered, a matter the statute commits to the Secretaries' sole unreviewable discretion, and a statutory citation with a facial link to the record satisfies Mandel.

ImmCite: treatment available, history exists, not clearance. ImmCite has read all 2 published decisions citing this case, as of 2026-10-30; none treats it adversely. That describes those decisions; it is not a determination that the case is good law.
Shahi v. United States Department of State, 33 F.4th 927

Seventh Circuit, May 6, 2022. Courts cannot order a diversity visa issued after the fiscal year ends whatever relief is requested, because the statute ends eligibility, and the Mandamus Act supplies a remedy rather than jurisdiction.

ImmCite: unchecked, treatment not confirmed yet, not evidence either way. ImmCite has found no published decision citing this case as of 2026-10-29; it checks for new citing decisions daily. That is not a determination that the case is good law. The citation index lists 10 other decisions citing it, none a Supreme Court, BIA or Attorney General precedent or a published circuit opinion; ImmCite's status does not review them.