Passim

Mandamus decisions / Western District of Wisconsin

Zagnoon, Fatima v. Blinken, Antony

Western District of WisconsinWilliam M. ConleyDecided November 3, 2023No. 3:23-cv-00629

Read the decisionOriginal on CourtListener

2,914 written decisions from 2,661 cases in the whole mandamus and agency-delay group, the group's newest decided October 30, 2026. Updated November 3, 2026 at 1:24 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 1,606 public decisions since January 1, 2025 that a CourtListener and GovInfo search for mandamus and agency delay finds, Passim holds 1,371 (85%), measured November 3, 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 Department of State Read by a model
Importantly, the Department of State has already expedited M.K.’s visa application because of his impending 18th birthday, providing him an interview with the Department of State.
Form or filing 221(g) (consular refusal); DS-260 (immigrant visa) Read by a model
Also, as to the second TRAC factor, “there is no statutorily mandated timeline [for the U.S. Department of State] to process Plaintiffs’ family preference immigrant visa application.”
What the suit asked for Finish 221(g) processing Read by a model
requiring defendants to end administrative processing and enter final adjudication of M.K.’s visa before he turns 18 on November 11, 2023
Kind of order A ruling on a motion or the petition Read by a model
IT IS ORDERED that plaintiffs’ motion for a preliminary injunction (dkt. #6) is DENIED.
Motion decided Preliminary injunction or TRO Read by a model
IT IS ORDERED that plaintiffs’ motion for a preliminary injunction (dkt. #6) is DENIED.
Whose motion The plaintiff's motion Read by a model
IT IS ORDERED that plaintiffs’ motion for a preliminary injunction (dkt. #6) is DENIED.
Disposition Denied in the government's favor The principal motion was denied in full: a motion to dismiss denied so the case goes on, or relief denied on the merits. Read by a model
IT IS ORDERED that plaintiffs’ motion for a preliminary injunction (dkt. #6) is DENIED.
Prevailing party Government Read by a model
IT IS ORDERED that plaintiffs’ motion for a preliminary injunction (dkt. #6) is DENIED.
The delay claim Relief denied Read by a model
IT IS ORDERED that plaintiffs’ motion for a preliminary injunction (dkt. #6) is DENIED.
Months pending 8.6 months from the application to the court's decision Read by a model
By February 2023, Zagnoon’s counsel had also submitted all of the required application documents
TRAC factors The court weighed the TRAC factors
  • 1. Rule of reasonfavors the government
  • 2. Congressional timetablefavors the government
  • 3. Human health and welfarefavors the applicant
  • 4. Competing prioritiesfavors the government
  • 5. Interests prejudicedfavors the applicant
  • 6. No impropriety neededfavors the government
Read by a model
the current, 58-day delay in conducting further administrative processing of M.K.’s visa denial is actually drastically short of what other courts have considered an unreasonable delay in immigration cases.
The government's delay arguments Line-jumping accepted Read by a model
Given the backlog in visa processing, granting relief to plaintiffs would likely “reorder a queue” of visa applicants in administrative processing who also all want final adjudication, making the grant of extraordinary relief on this record seem inappropriate.
Threshold rulings None Read by a model
Nationality Syria Read by a model
plaintiff M.K., a Syrian national.
I-130 category Immediate relative Read by a model
Plaintiff Fatima Zagnoon is a United States and Syrian dual citizen, who has been trying for about a decade to sponsor her minor children for U.S. citizenship, including her eldest son, plaintiff M.K., a Syrian national.

How the case ended

Docket
No. 3:23-cv-00629
Filed
September 13, 2023
Ended
January 16, 2024
Suit's filing to its end
125 days
How it ended
Ended once the agency acted
From the record
voluntary dismissal 2024-01-16; idb disp 12 (dismissed: voluntarily)

A voluntary or stipulated dismissal is how most suits end once the agency acts; the docket rarely says why. Other suits in this court.

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 3, 2026. Check the current status before relying on one.