Passim

Mandamus decisions / Eastern District of Michigan

Al Awbathani v. United States Consulate Toronto

Eastern District of MichiganJonathan J.C. GreyDecided September 18, 2025

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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 Department of State Read by a model
Al Awbathani alleges that he submitted the supplemental questions requested by the U.S. Department of State (see id.), but his application has remained under administrative processing.
Form or filing 221(g) (consular refusal); DS-160 (nonimmigrant visa) Read by a model
Upon acceptance to an SEVP-approved school, the applicant may apply for an F-1 visa by completing a Form DS-160 (the Online Nonimmigrant Visa Application), submitting biometric data, and attending an interview with a consular officer.
What the suit asked for Finish 221(g) processing Read by a model
He raises an APA claim for unreasonable delay and seeks a writ of mandamus compelling defendants to promptly adjudicate his F-1 student visa application.
Kind of order A ruling on a motion or the petition Read by a model
Accordingly, IT IS ORDERED that defendants’ motion to dismiss the complaint (ECF No. 8) is GRANTED 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 move to dismiss Al Awbathani’s: (1) APA claim, under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted; and (2) mandamus claim, under Rule 12(b)(1) for lack of subject matter jurisdiction.
Whose motion The government's motion Read by a model
Accordingly, IT IS ORDERED that defendants’ motion to dismiss the complaint (ECF No. 8) is GRANTED WITHOUT PREJUDICE.
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 the complaint (ECF No. 8) is GRANTED WITHOUT PREJUDICE.
Prevailing party Government Read by a model
Accordingly, IT IS ORDERED that defendants’ motion to dismiss the complaint (ECF No. 8) is GRANTED WITHOUT PREJUDICE.
The delay claim Dismissed Read by a model
Accordingly, IT IS ORDERED that defendants’ motion to dismiss the complaint (ECF No. 8) is GRANTED WITHOUT PREJUDICE.
Months pending 3.1 months from the application to the suit; 17.1 months from the application to the court's decision Read by a model
In April 2024, Al Awbathani applied for a renewal of his F-1 visa
TRAC factors The court weighed the TRAC factors
  • 1. Rule of reasonfavors the government
  • 2. Congressional timetableneutral
  • 3. Human health and welfarefavors the applicant
  • 4. Competing prioritiesfavors the government
  • 5. Interests prejudicedfavors the applicant
  • 6. No impropriety neededneutral
Read by a model
The Court thus concludes that the first and most important TRAC factor weighs in favor of defendants, and the second factor is neutral.
The government's delay arguments Line-jumping accepted Read by a model
Without such allegations to “alleviate[] the line-jumping concern,” id., the fourth TRAC factor favors the government.
Threshold rulings None Read by a model
Nationality Yemen Read by a model
Al Awbathani is a Yemeni citizen and Canadian permanent resident.

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 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.