Passim

Mandamus decisions / Western District of Texas

Berkes v. Rubio

Western District of TexasMicaela AlvarezDecided April 10, 2026No. 5:25-cv-01547

Read the decisionOriginal on CourtListener

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What the decision decided

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Agency Department of State Read by a model
His interview with Defendant Embassy of the United States, Djibouti (“Embassy of Djibouti”) was scheduled and conducted on January 21, 2025.
Form or filing 221(g) (consular refusal); DS-260 (immigrant visa) Read by a model
Plaintiff Alwahsh submitted all required documents and his Form DS-260 on August 20, 2023.
What the suit asked for Finish 221(g) processing Read by a model
“[m]andate that Defendants recall the visa petition and fully and properly adjudicate the immigrant visa application of Plaintiff Alwahsh within 30 days.”
Kind of order A ruling on a motion or the petition Read by a model
After considering the motion, record, and relevant authorities, the Court GRANTS Defendants’ motion.
Motion decided Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim Read by a model
Defendants moved to dismiss under Rule 12(b)(1), or alternatively Rule 12(b)(6)
Whose motion The government's motion Read by a model
Defendants filed their Motion to Dismiss on March 4, 2026.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
For the foregoing reasons, Plaintiffs claims are DISMISSED WITH PREJUDICE.
Prevailing party Government Read by a model
For the foregoing reasons, Plaintiffs claims are DISMISSED WITH PREJUDICE.
The delay claim Dismissed Read by a model
For the foregoing reasons, Plaintiffs claims are DISMISSED WITH PREJUDICE.
The other claims Dismissed Read by a model
For the foregoing reasons, Plaintiffs claims are DISMISSED WITH PREJUDICE.
Months pending 27.1 months from the application to the suit; 31.7 months from the application to the court's decision Read by a model
Plaintiff Alwahsh submitted all required documents and his Form DS-260 on August 20, 2023.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Consular nonreviewability applied Read by a model
Because that notice supplied a facially legitimate statutory basis for refusal, the Court lacks authority to review that final visa determination under the APA.
Nationality Yemen Read by a model
a citizen and national of Yemen
I-130 category Immediate relative Read by a model
Plaintiff Berkes is a United States citizen residing in San Antonio, Texas.4 On July 19, 2022, she married Plaintiff Alwahsh, a citizen and national of Yemen, in a civil ceremony in Cairo, Egypt.

How the case ended

Docket
No. 5:25-cv-01547
Filed
November 21, 2025
Ended
April 10, 2026
Suit's filing to its end
140 days
How it ended
Dismissed, ground not recorded
From the record
idb disp 14 (dismissed: other)

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 Fifth 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.