Mandamus decisions / Southern District of New York

Galic v. Noem

Southern District of New YorkJ. Paul OetkenDecided August 21, 2026No. 1:25-cv-05238

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What the decision decided

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Agency Department of State Read by a model
The consular officer thereafter denied Galic’s visa application.
Form or filing DS-160 (nonimmigrant visa) Read by a model
Galic applied for an F-1 student visa with the United States Embassy in Zagreb.
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
For the foregoing reasons, the motion to dismiss is GRANTED.
Motion decided Motion to dismiss for failure to state a claim Read by a model
On June 18, 2026, Defendants moved to dismiss Galic’s amended complaint under Federal Rule of Civil Procedure 12(b)(6).
Whose motion The government's motion Read by a model
On June 18, 2026, Defendants moved to dismiss Galic’s amended complaint under Federal Rule of Civil Procedure 12(b)(6).
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
For the foregoing reasons, the motion to dismiss is GRANTED. The Clerk of Court is directed to close ECF No. 38 and close this case.
Prevailing party Government Read by a model
For the foregoing reasons, the motion to dismiss is GRANTED.
The other claims Dismissed Read by a model
Having conducted an independent review of the record, the Court concludes that the motion to dismiss Galic’s amended complaint must be granted in light of the doctrine of consular nonreviewability.
Months pending Not stated Read by a model
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Consular nonreviewability applied Read by a model
The doctrine of consular nonreviewability precludes judicial review of Galic’s claims here.
Nationality Croatia Read by a model
Galic is citizen of Croatia and a member of the Croatian bar.

How the case ended

Docket
No. 1:25-cv-05238
Filed
June 24, 2025
Ended
August 24, 2026
Suit's filing to its end
426 days
How it ended
Ended, outcome not recorded
From the record
terminated; no disposition recorded

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