Mandamus decisions / Northern District of Illinois

Antonishin v. Keisler

Northern District of IllinoisJohn F. GradyDecided September 20, 2007

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

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Agency USCIS Read by a model
USCIS possesses expertise in this area and should be given the opportunity to adjudicate plaintiffs’ applications in the *878 first instance.
Form or filing N-400 (naturalization) Read by a model
In Count VI, brought by the named plaintiffs on their own behalf, plaintiffs ask us to adjudicate their naturalization applications pursuant to 8 U.S.C. § 1447 (b).
What the suit asked for Naturalization hearing or remand (1447(b)) Read by a model
In Count VI, brought by the named plaintiffs on their own behalf, plaintiffs ask us to adjudicate their naturalization applications pursuant to 8 U.S.C. § 1447 (b).
Kind of order A ruling on a motion or the petition Read by a model
For the reasons explained below, we grant defendants’ motion in part and deny it in part.
Motion decided Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim; Remand under 1447(b) Read by a model
pursuant to Fed. R.Civ.P. 12(b)(1) and 12(b)(6). Alternatively, defendants ask us to remand the named plaintiffs’ applications to the United States Citizenship and Immigration Services (“USCIS”) pursuant to 8 U.S.C. § 1447 (b).
Whose motion The government's motion Read by a model
Defendants have moved to dismiss plaintiffs’ complaint pursuant to Fed. R.Civ.P. 12(b)(1) and 12(b)(6).
Disposition Remanded to the agency Sent back to the agency, with or without instructions. Read by a model
We have jurisdiction to adjudicate plaintiffs’ applications, but nevertheless remand to USCIS.
Prevailing party Government Read by a model
Moreover, we decline to impose any particular deadline for adjudication, of plaintiffs applications on remand.
The delay claim Remanded to the agency Read by a model
We have jurisdiction to adjudicate plaintiffs’ applications, but nevertheless remand to USCIS.
The other claims Dismissed Read by a model
As explained in the order of this date, we grant defendants’ motion to dismiss Counts I-V of plaintiffs’ complaint.
Months pending Not stated A section 1447(b) suit: these months run from the naturalization application. The statute's 120 days run from the interview, which they do not measure. Read by a model
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

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Supreme Court and Seventh 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.