Mandamus decisions / Western District of Michigan
Shyiak v. Bureau of Citizenship and Immigration Services
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.
These are counts of past written decisions and dockets, not predictions of how any case will be decided. A distribution appears only when at least 5 decisions (or 5 dockets) are behind it; smaller groups are listed, not summarized. How it's counted.
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
IT IS FURTHER ORDERED that the administrative decision of Defendant Bureau of Citizenship and Immigration Services denying Plaintiff's application for naturalization is AFFIRMED. |
|---|---|
| Form or filing |
N-400 (naturalization)
Read by a model
On July 22, 2002, Plaintiff filed an application for naturalization with the Immigration and Naturalization Service, the predecessor agency to BCIS. |
| 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
Plaintiff's motion for summary judgment will be denied and Defendant's cross-motion for summary judgment will be granted. |
| Motion decided |
Summary judgment
Read by a model
This matter is before the Court on Plaintiff David Paul Shyiak's motion for summary judgment and Defendant Bureau of Citizenship and Immigration Services's ("BCIS") cross-motion for summary judgment. |
| Whose motion |
Cross-motions
Read by a model
This matter is before the Court on Plaintiff David Paul Shyiak's motion for summary judgment and Defendant Bureau of Citizenship and Immigration Services's ("BCIS") cross-motion for summary judgment. |
| Disposition |
Granted in the government'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
For the reasons that follow, Plaintiff's motion for summary judgment will be denied and Defendant's cross-motion for summary judgment will be granted. |
| Prevailing party |
Government
Read by a model
For the reasons that follow, Plaintiff's motion for summary judgment will be denied and Defendant's cross-motion for summary judgment will be granted. |
| The delay claim |
Not decided here
Read by a model
After BCIS's September 29, 2006, decision affirming the denial of Plaintiff's application for naturalization the Court's subject-matter jurisdiction is based on Title 8, section 1421(c) of the United States Code |
| The other claims |
Relief denied
Read by a model
Plaintiff's motion for summary judgment will be denied and Defendant's cross-motion for summary judgment will be granted. |
| Months pending |
23.1 months from the application to the suit; 36 months from the application to the agency's action
Read by a model
BCIS denied Plaintiff's application for naturalization on July 22, 2005. |
| Months since the naturalization interview |
32.6 months from the interview (2002-11-04)
Read by a model
On November 4, 2002, Plaintiff was interviewed by a BCIS agent. |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings | None Read by a model |
How the case ended
- Docket
- No. 2:04-cv-00137
- Filed
- June 24, 2004
- Ended
- September 25, 2008
- Suit's filing to its end
- 1,554 days
- How it ended
- Dismissed, ground not recorded
- From the record
- idb disp 14 (dismissed: other)
A voluntary or stipulated dismissal is how most suits end once the agency acts; the docket rarely says why.
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.
-
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
-
Ebu v. USCIS, 134 F.4th 895
Sixth Circuit, April 16, 2025. Section 1429 precludes a district court from considering a naturalization application under § 1447(b) while removal proceedings are pending, and declaratory relief cannot sidestep that bar.
ImmCite: treatment available, history exists, not clearance. ImmCite has read the one published decision citing this case, as of 2026-11-03; it does not treat the case adversely. That describes that decision; it is not a determination that the case is good law.
-
Barrios Garcia v. U.S. Department of Homeland Security, 25 F.4th 430
Sixth Circuit, February 10, 2022. Courts may review and compel unreasonably delayed U-visa waitlist placement and bona fide determinations under TRAC, though not discretionary pre-waitlist work authorization, disagreeing in part with the Fourth Circuit's Gonzalez.
ImmCite: unchecked, treatment not confirmed yet, not evidence either way. No verified adverse treatment has been found so far. All 2 precedential decisions citing this case have been reviewed as of 2026-11-13.