No. 25-6065

Rashid El Malik v. Douglas A. Collins, Secretary of Veterans Affairs

Lower Court: Federal Circuit
Docketed: 2025-11-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: administrative-delay due-process extraordinary-relief judicial-review mandamus-relief veterans-benefits
Key Terms:
AdministrativeLaw DueProcess
Latest Conference: 2026-01-09
Question Presented (AI Summary)

Whether a catastrophically disabled veteran facing imminent, life-threatening harm is entitled to mandamus relief when a government agency has unreasonably delayed implementation of a final Board grant, no appellate remedy exists, and all Martin factors for unreasonable delay are overwhelmingly satisfied

Question Presented (OCR Extract)

1. Whether a catastrophically disabled veteran facing imminent, life threatening harm is entitled to mandamus relief under Martin v. O'Rourke when a government agency has unreasonably delayed implementation of a final Board grant for over 1,185 days, no appellate remedy exists, and all Martin factors for unreasonable delay are overwhelmingly satisfied. 2. Whether the Federal Circuit violated its own precedent in Cushman v, Shinseki by permitting the Veterans Affairs agency to maintain in a veteran's file a tainted document-containing demonstrably false statements used to deny disability benefits-which the agency has effectively admitted is false, but refuses to remove absent a court order, thereby depriving the veteran of due process. 1

Docket Entries

2026-01-30
Application (25A851) granted by The Chief Justice extending the time to file until March 13, 2026.
2026-01-20
Application (25A851) for an extension of time within which to comply with the order of January 12, 2026, submitted to The Chief Justice.
2026-01-12
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until February 2, 2026, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
2025-12-11
DISTRIBUTED for Conference of 1/9/2026.
2025-12-08
Waiver of right of respondent Collins, Sec. of VA to respond filed.
2025-12-04
Supplemental brief of petitioner Rashid El Malik filed.
2025-07-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 8, 2025)

Attorneys

Collins, Sec. of VA
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
Rashid El Malik
Rashid El Malik — Petitioner
Rashid El Malik — Petitioner
Rashid El Malik — Petitioner