Mandamus decisions / Southern District of New York

Torres v. United States Department of State

Southern District of New YorkKenneth M. KarasDecided March 27, 2020

Read the decisionOriginal on CourtListener

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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
On September 25, 2018, Petitioner applied for an updated passport that included his new last name at the “Department of State Passport Agency” (the “Agency”) in Connecticut.
Form or filing None named Read by a model
What the suit asked for Some other action Read by a model
Petitioner seeks a writ of mandamus compelling Respondent to issue Petitioner’s passport and “any other order or relief [Petitioner] may be entitled to.”
Kind of order A ruling on a motion or the petition Read by a model
For the reasons stated above, Respondent’s Motion To Dismiss is granted.
Motion decided Motion to dismiss for lack of jurisdiction Read by a model
Before the Court is Respondent’s Motion To Dismiss the Petition pursuant to Federal Rules of Civil Procedure 8, 12(b)(1), and 12(b)(6) (the “Motion”).
Whose motion The government's motion Read by a model
Before the Court is Respondent’s Motion To Dismiss the Petition pursuant to Federal Rules of Civil Procedure 8, 12(b)(1), and 12(b)(6) (the “Motion”).
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
Accordingly, Petitioner’s claim is moot, and the Court lacks subject matter jurisdiction over it.
Prevailing party Government Read by a model
Accordingly, Petitioner’s claim is moot, and the Court lacks subject matter jurisdiction over it.
The delay claim Moot: the agency acted Read by a model
Accordingly, Petitioner’s claim is moot, and the Court lacks subject matter jurisdiction over it.
The other claims Dismissed Read by a model
To the extent that the Court considers these forms of relief as separate from Petitioner’s passport-related requests, they must also be dismissed.
Months pending 0.7 months from the application to the suit The agency acted before this decision, so the months up to the decision are not a delay and are not shown. Read by a model
On September 25, 2018, Petitioner applied for an updated passport that included his new last name at the “Department of State Passport Agency” (the “Agency”) in Connecticut.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Held moot Read by a model
Accordingly, Petitioner’s claim is moot, and the Court lacks subject matter jurisdiction over it.

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 Second 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.