Mandamus decisions / District of Colorado
Muhammad Said v. United States Department of State
Read the decisionOriginal on CourtListener
2,996 written decisions from 2,731 cases in the whole mandamus and agency-delay group, the group's newest decided November 12, 2026. Updated November 14, 2026 at 1:17 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 1,617 public decisions since January 1, 2025 that a CourtListener and GovInfo search for mandamus and agency delay finds, Passim holds 1,406 (87%), 1,039 of them in this group, measured November 14, 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
Since then, the Department of State has “refused to issue a final decision on these cases.” |
|---|---|
| Form or filing |
221(g) (consular refusal); DS-260 (immigrant visa)
Read by a model
First Amended Complaint in the Nature of Mandamus Arising from Defendants’ Refusal to Adjudicate Plaintiff’s Immigrant Visa Applications |
| What the suit asked for |
Finish 221(g) processing
Read by a model
“promptly complete all administrative processing within sixty days,” |
| Kind of order |
A ruling on a motion or the petition
Read by a model
Defendants’ Motion to Dismiss First Amended Complaint [Doc. 10] is DENIED |
| Motion decided |
Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim
Read by a model
Defendants argue that the Court should dismiss the Complaint under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) for three reasons: |
| Whose motion |
The government's motion
Read by a model
This matter comes before the Court on the Motion to Dismiss First Amended Complaint (“Motion” or “Motion to Dismiss”), filed by Defendants on August 25, 2025. |
| Disposition |
Government's motion denied; the case goes on
The government's motion (to dismiss, or for summary judgment) was denied, so the case goes on. Counted as the applicant's ruling; a later decision in the case can still go either way.
Read by a model
Defendants’ Motion to Dismiss First Amended Complaint [Doc. 10] is DENIED |
| Prevailing party |
Applicant
Read by a model
Defendants’ Motion to Dismiss First Amended Complaint [Doc. 10] is DENIED |
| The delay claim |
The delay claim goes on
Read by a model
Defendants’ Motion to Dismiss First Amended Complaint [Doc. 10] is DENIED |
| Months pending |
28.5 months from the application to the court's decision
Read by a model
The interviews were conducted in May of 2024 by the United States Department of State. |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| The government's delay arguments |
Line-jumping rejected
Read by a model
the Court has not been presented with evidence or allegations regarding how many other Iraqi visa applicants are in similar circumstances, spending years awaiting the reconsideration of their visa application following the submission of requested additional information. |
| Threshold rulings |
Consular nonreviewability applied; Consular nonreviewability rejected; Duty to re-adjudicate a 221(g) refusal found
Read by a model
Thus, to the extent that Plaintiff requests the Court to either itself issue his parents’ visas or order the Department of State to do so, the doctrine of consular nonreviewability plainly bars that. |
| Nationality |
Iraq
Read by a model
whose parents are citizens and residents of Iraq. |
| I-130 category |
Immediate relative
Read by a model
his immediate relative visa cases |
How the case ended
- Docket
- No. 1:25-cv-01821
- On the docket
- This ruling (ECF 27)
- Filed
- June 11, 2025
- Status
- Pending as of the last docket check
A voluntary or stipulated dismissal is how most suits end once the agency acts; the docket rarely says why. Other suits in this court.
The ruling's entry is the docket's one order or judgment entered the day of the decision. Both come from CourtListener's copy of the docket; check them there.
Supreme Court and Tenth 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.
-
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
-
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
-
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
-
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
-
Forest Guardians v. Babbitt, 174 F.3d 1178
Tenth Circuit, April 22, 1999. Missing a concrete statutory deadline is agency action unlawfully withheld that a court must compel, while without a deadline the question is unreasonable delay; the holding still binds in the Tenth Circuit.
ImmCite: caution, adverse or limiting treatment found. Not followed in the Ninth Circuit by Al Otro Lado v. Noem, 138 F.4th 1102 (2025).