Passim

Mandamus decisions / Eastern District of Virginia

Abuirshaid v. Johnson

Eastern District of VirginiaDecided December 21, 2015

Read the decisionOriginal on CourtListener

2,914 written decisions from 2,661 cases in the whole mandamus and agency-delay group, the group's newest decided October 30, 2026. Updated November 3, 2026 at 1:24 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 1,606 public decisions since January 1, 2025 that a CourtListener and GovInfo search for mandamus and agency delay finds, Passim holds 1,371 (85%), measured November 3, 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
USCIS determined that these omissions from plaintiffs adjustment application precluded plaintiff from establishing that he had previously been lawfully admitted to permanent residence, a requirement for naturalization.
Form or filing N-400 (naturalization) Read by a model
On June 30, 2006, plaintiff applied for naturalization by filing a Form N-400.
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 here, defendants’ motions to dismiss must be granted, and plaintiffs complaint must be dismissed without prejudice.
Motion decided Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim Read by a model
Defendants have moved to dismiss the complaint for lack of jurisdiction and for failure to state a claim.
Whose motion The government's motion Read by a model
Defendants have moved to dismiss the complaint for lack of jurisdiction and for 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
For the reasons stated here, defendants’ motions to dismiss must be granted, and plaintiffs complaint must be dismissed without prejudice.
Prevailing party Government Read by a model
For the reasons stated here, defendants’ motions to dismiss must be granted, and plaintiffs complaint must be dismissed without prejudice.
The delay claim Dismissed Read by a model
Accordingly, plaintiffs claim for a writ of mandamus is properly dismissed for lack of jurisdiction.
The other claims Dismissed Read by a model
This issue need not be reached here, as the constitutional claims are properly dismissed for lack of subject matter jurisdiction.
Months pending 110 months from the application to the suit 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 June 30, 2006, plaintiff applied for naturalization by filing a Form N-400.
Months since the naturalization interview 81.8 months from the interview (2008-10) Read by a model
US-CIS undertook a comprehensive examination of plaintiffs eligibility, interviewing him several times between October 2008, and June 2015.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Held moot Read by a model
plaintiff’s request to compel defendants to appear before September 11, 2015, is moot because the emergency relief sought is "no longer live.”
Nationality Jordan Read by a model
Plaintiff Osama Abuirshaid is a citizen of Jordan who seeks to become a naturalized citizen of the United States.

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 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 3, 2026. Check the current status before relying on one.