Mandamus decisions / Eastern District of Michigan

Al Himyari v. Cissna

Eastern District of MichiganArthur J. TarnowDecided July 31, 2019No. 2:18-cv-10242

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
In adjudicating Yemeni petitions, however, USCIS requires petitioners to submit secondary evidence (including DNA evidence) and participate in interrogative in-person interviews.
Form or filing I-130 (relative petition) Read by a model
Plaintiffs have filed Form I- 130s, Petitions for Alien Relative, with USCIS in accordance with the Immigration and Nationality Act (“INA”).
What the suit asked for Decide the application Read by a model
Plaintiffs Wail Hussein and his beneficiaries (“Hussein family”) request a writ of mandamus ordering Defendants to properly adjudicate their I-130 petitions and issue a final decision within thirty days.
Kind of order A ruling on a motion or the petition Read by a model
Accordingly, IT IS ORDERED that Defendants’ Motion to Dismiss [42] is GRANTED.
Motion decided Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim Read by a model
Before the Court is Defendants’ Amended Motion to Dismiss the Third Amended Complaint [42] filed on September 20, 2018.
Whose motion The government's motion Read by a model
Before the Court is Defendants’ Amended Motion to Dismiss the Third Amended Complaint [42] filed on September 20, 2018.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
Accordingly, IT IS ORDERED that Defendants’ Motion to Dismiss [42] is GRANTED.
Prevailing party Government Read by a model
Accordingly, IT IS ORDERED that Defendants’ Motion to Dismiss [42] is GRANTED.
The delay claim Dismissed Read by a model
IT IS FURTHER ORDERED that the claims of Plaintiffs Gamal Alkaream Alharbi, Mohamed Al Ameri, Hayan Kassim, and Wail Hussein are DISMISSED without prejudice.
The other claims Dismissed Read by a model
IT IS FURTHER ORDERED that the claims of Plaintiffs Gamal Alkaream Alharbi, Mohamed Al Ameri, Hayan Kassim, and Wail Hussein are DISMISSED without prejudice.
Months pending Not stated at filing The agency acted before this decision, so the months up to the decision are not a delay and are not shown. Read by a model
On February 26, 2018, Wail Hussein filed four I-130 petitions on behalf of his spouse and three minor children.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Held moot Read by a model
The claims of these Plaintiffs are moot because neither an order compelling adjudication of their I-130 petitions nor an order declaring that the Policy discriminates against them in violation of the Constitution would affect them.
Nationality Yemen Read by a model
Plaintiffs are Yemeni nationals and their U.S. citizen and/or lawful permanent resident family members petitioning on their behalf.
I-130 category Family preference Read by a model
Four of the seven were filed by Plaintiff-Petitioner Wail Hussein, a U.S. lawful permanent resident petitioning on behalf of his spouse and three children.

How the case ended

Docket
No. 2:18-cv-10242
Filed
January 22, 2018
Ended
July 31, 2019
Suit's filing to its end
555 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 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.