Mandamus decisions / Southern District of New York
Qazi v. Rubio
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
The Consulate, by its own admission, has not yet rendered a final decision as to Qazi’s visa application. |
|---|---|
| Form or filing |
221(g) (consular refusal); DS-160 (nonimmigrant visa)
Read by a model
Instead, Qazi submitted a Form DS-160 on July 20, 2025, to apply for an H- 1B visa abroad. |
| What the suit asked for |
Finish 221(g) processing
Read by a model
are hereby ORDERED to complete the administrative processing and adjudication of Plaintiff’s visa application within 30 days from the date of this Order. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
The Court concludes that Qazi has established that he is entitled to relief under Section 706 of the Administrative Procedure Act (“APA”). |
| Motion decided |
Other motion to dismiss; Preliminary injunction or TRO
Read by a model
On May 23, 2026, the Court informed the parties that it construed the Defendants’ motion to dismiss as its opposition to the application for a preliminary injunction pursuant to Rule 65. |
| Whose motion |
Cross-motions
Read by a model
On May 13, 2026, rather than filing their opposition to Plaintiff’s Rule 65 motion, Defendants filed a motion to dismiss. |
| Disposition |
Granted in the applicant's favor
The principal motion was granted in full: summary judgment for either side, an injunction or TRO, a writ or order to act, fees. A motion to dismiss granted in full counts as Dismissed; a transfer is listed apart.
Read by a model
are hereby ORDERED to complete the administrative processing and adjudication of Plaintiff’s visa application within 30 days from the date of this Order. |
| Prevailing party |
Applicant
Read by a model
are hereby ORDERED to complete the administrative processing and adjudication of Plaintiff’s visa application within 30 days from the date of this Order. |
| The delay claim |
Relief ordered
Read by a model
are hereby ORDERED to complete the administrative processing and adjudication of Plaintiff’s visa application within 30 days from the date of this Order. |
| Months pending |
8.3 months from the application to the suit; 10.4 months from the application to the court's decision
Read by a model
Instead, Qazi submitted a Form DS-160 on July 20, 2025, to apply for an H- 1B visa abroad. |
| TRAC factors |
The court weighed the TRAC factors
The first two TRAC factors, which are typically considered together, weigh in Qazi’s favor. |
| The government's delay arguments |
Line-jumping found neutral
Read by a model
The fourth TRAC factor—which concerns the effect of expediting the delayed action on other agency activities of a higher or competing priority—is neutral. |
| Threshold rulings |
APA adequate-remedy bar applied (mandamus claim fails); Consular nonreviewability rejected; Duty to re-adjudicate a 221(g) refusal found
Read by a model
Per the third prong, the availability of an APA claim leaves Plaintiff unable to establish that there is no other adequate remedy available. |
| Nationality |
Germany
Read by a model
Qazi is a citizen of the Federal Republic of Germany |
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. How decisions are grouped into cases.
| Decision | Decided | Judge | Disposition |
|---|---|---|---|
| Qazi v. RubioThis decision | June 3, 2026 | Jeannette A. Vargas | Granted in the applicant's favor |
| Qazi v. RubioThe case's latest decision: its outcome is the one counted | August 17, 2026 | Jeannette A. Vargas | Attorney's fees |
How the case ended
- Docket
- No. 1:26-cv-02668
- Filed
- March 31, 2026
- Ended
- June 3, 2026
- Suit's filing to its end
- 64 days
- How it ended
- Dismissed on jurisdiction or the merits
- From the record
- idb disp 17 (judgment: other), judgment for defendant
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 14, 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 2026-11-13; 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 2026-11-13; it checks for new citing decisions daily. That is not a determination that the case is good law. The citation index lists 5 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.