Mandamus decisions / Eastern District of New York
Ali-Bappi v. Rubio
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.
These are counts of past written decisions and dockets, not predictions of how any case will be decided. A distribution appears only when at least 5 decisions (or 5 dockets) are behind it; smaller groups are listed, not summarized. How it's counted.
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
Ali- Bappi seeks an order directing DOS to re-adjudicate Akter’s immigrant visa application in accordance with the INA and without regard to the Public Charge Pause. |
|---|---|
| Form or filing |
221(g) (consular refusal); DS-260 (immigrant visa)
Read by a model
Akter attended her immigrant visa interview, and the consular official “refused” to issue her an immigrant visa due to the Public Charge Pause. (Id. ¶¶ 14, 15, Ex. D (“Your visa has been refused under section 221(g) |
| What the suit asked for |
Finish 221(g) processing
Read by a model
Ali- Bappi seeks an order directing DOS to re-adjudicate Akter’s immigrant visa application in accordance with the INA and without regard to the Public Charge Pause. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
The Court finds these cases persuasive and summarily grants relief on Ali-Bappi’s APA claim. |
| Motion decided | None Read by a model |
| Whose motion |
The plaintiff's motion
Read by a model
Ali- Bappi seeks an order directing DOS to re-adjudicate Akter’s immigrant visa application in accordance with the INA and without regard to the Public Charge Pause. |
| Disposition |
Remanded to the agency
Sent back to the agency, with or without instructions.
Read by a model
The Court remands Akter’s immigrant visa application to the Bangladeshi consular officials |
| Prevailing party |
Applicant
Read by a model
The Court finds these cases persuasive and summarily grants relief on Ali-Bappi’s APA claim. |
| The other claims |
Remanded to the agency
Read by a model
The Court remands Akter’s immigrant visa application to the Bangladeshi consular officials and orders them to re-adjudicate the application on an individualized basis under the INA and applicable regulations |
| Months pending |
0 months from the application to the suit; 4.8 months from the application to the court's decision
Read by a model
On April 23, 2026, Akter attended her immigrant visa interview, and the consular official “refused” to issue her an immigrant visa due to the Public Charge Pause. |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings | None Read by a model |
| Nationality |
Bangladesh
Read by a model
Zinia Akter (“Akter”), a citizen of Bangladesh |
| I-130 category |
Immediate relative
Read by a model
Pro se plaintiff Mohamad Maksud Ali-Bappi (“Ali-Bappi”) is a United States citizen who petitioned for his wife, Zinia Akter (“Akter”), a citizen of Bangladesh, to join him in the United States on an immigrant visa. |
Other orders in this case
The group holds 2 decisions from this suit, oldest first. Outcome counts on these pages count the case once, by its latest decision, this one. How decisions are grouped into cases.
| Decision | Decided | Judge | Disposition |
|---|---|---|---|
| Ali-Bappi v. Rubio | June 4, 2026 | Ramon E. Reyes Jr. | Denied in the government's favor |
| Ali-Bappi v. RubioThis decisionThe case's latest decision: its outcome is the one counted | September 17, 2026 | Ramon E. Reyes Jr. | Remanded to the agency |
How the case ended
- Docket
- No. 1:26-cv-02424
- Filed
- April 23, 2026
- Ended
- September 18, 2026
- Suit's filing to its end
- 148 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.
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Department of State v. Muñoz, 602 U.S. 899
Supreme Court, June 21, 2024. A U.S. citizen has no fundamental liberty interest in a noncitizen spouse's admission, so marriage alone entitles the citizen neither to Mandel review of the consular refusal nor to an explanation beyond the statutory citation.
ImmCite: treatment available, history exists, not clearance
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Trump v. Hawaii, 585 U.S. 667
Supreme Court, June 26, 2018. Mandel's facially-legitimate-and-bona-fide standard governs constitutional challenges to entry restrictions, and a citation to a valid statutory ground ordinarily satisfies it.
ImmCite: treatment available, history exists, not clearance
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Kleindienst v. Mandel, 408 U.S. 753
Supreme Court, June 29, 1972. When a visa refusal burdens a U.S. citizen's own constitutional rights, courts ask only whether the Executive gave a facially legitimate and bona fide reason and do not look behind it.
ImmCite: treatment available, history exists, not clearance
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Norton v. Southern Utah Wilderness Alliance, 542 U.S. 55
Supreme Court, June 14, 2004. Section 706(1) and mandamus reach only a discrete agency action that the agency is legally required to take, so a court cannot compel programmatic improvements or action the law leaves to agency discretion.
ImmCite: treatment available, history exists, not clearance
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American Academy of Religion v. Napolitano, 573 F.3d 115
Second Circuit, July 17, 2009. Where a visa refusal implicates U.S. citizens' First Amendment rights, Mandel review applies: the government must identify a properly construed statutory ground and the officer's reason to believe it applies, and the applicant must have a chance to rebut a knowing material-support charge.
ImmCite: treatment available, history exists, not clearance. ImmCite has read all 4 published decisions citing this case, as of 2026-10-29; none treats it adversely. That describes those decisions; it is not a determination that the case is good law.
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Chen v. Rubio, 158 F.4th 393
Second Circuit, October 29, 2025. After Muñoz, consular nonreviewability insulates relatives' visa refusals from a citizen sponsor's challenge, and the claims were properly dismissed with prejudice.
ImmCite: unchecked, treatment not confirmed yet, not evidence either way. ImmCite has found no published decision citing this case as of 2026-10-29; it checks for new citing decisions daily. That is not a determination that the case is good law. The citation index lists 7 other decisions citing it, none a Supreme Court, BIA or Attorney General precedent or a published circuit opinion; ImmCite's status does not review them.