Mandamus decisions / Eastern District of Michigan
Shweika v. Department of Homeland Security et al
Read the decisionOriginal on GovInfo
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
On May 29, 2008, USCIS denied Shweika’s naturalization petition, concluding that he lacked the requisite “good moral character.” |
|---|---|
| Form or filing |
N-400 (naturalization)
Read by a model
In 2004, Shweika filed the petition for naturalization which is the subject of the current suit. |
| 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
Accordingly, it is ORDERED that Plaintiff Shweika’s Petition for Naturalization, ECF No. 1, is GRANTED. |
| Motion decided | None Read by a model |
| Whose motion |
Cross-motions
Read by a model
Defendants’ request that the case be remanded for an evidentiary hearing will be denied and Shweika’s petition for naturalization will be granted. |
| Disposition |
Granted in the applicant'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
Accordingly, it is ORDERED that Plaintiff Shweika’s Petition for Naturalization, ECF No. 1, is GRANTED. |
| Prevailing party |
Applicant
Read by a model
Accordingly, it is ORDERED that Plaintiff Shweika’s Petition for Naturalization, ECF No. 1, is GRANTED. |
| The delay claim |
Not decided here
Read by a model
Shweika then sought de novo review in this Court of the decision denying his petition. |
| The other claims |
Relief ordered
Read by a model
Accordingly, it is ORDERED that Plaintiff Shweika’s Petition for Naturalization, ECF No. 1, is GRANTED. |
| Months pending |
49 months from the application to the agency's action
Read by a model
On May 29, 2008, USCIS denied Shweika’s naturalization petition, concluding that he lacked the requisite “good moral character.” |
| 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. 1:09-cv-11781
- Filed
- May 8, 2009
- Ended
- March 24, 2017
- Suit's filing to its end
- 1,277 days
- How it ended
- Judgment for the plaintiff
- From the record
- idb disp 6 (judgment: motion before trial), judgment for plaintiff
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.
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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
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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.
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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.