Passim

Mandamus decisions / Eastern District of California

Husain v. Rubio

Eastern District of CaliforniaJennifer L. ThurstonDecided June 12, 2026No. 1:25-cv-00512

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.

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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
On December 5, 2023, a consular officer at the U.S. Embassy in Dijbouti interviewed Al-Daeri, wherein he applied for a nonimmigrant K-1 visa (“the Application”) on the basis that he was Husain’s fiancé.
Form or filing 221(g) (consular refusal); DS-160 (nonimmigrant visa) Read by a model
On December 5, 2023, a consular officer at the U.S. Embassy in Dijbouti interviewed Al-Daeri, wherein he applied for a nonimmigrant K-1 visa (“the Application”) on the basis that he was Husain’s fiancé.
What the suit asked for Finish 221(g) processing Read by a model
Plaintiffs request the Court to compel Defendants to issue a final decision on the Application
Kind of order A ruling on a motion or the petition Read by a model
For the reasons explained above, Defendants’ motion to dismiss, Doc. 7, 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 move to dismiss both claims pursuant to Federal Rule of Civil Procedure 12(b)(1) and 12(b)(6).
Whose motion The government's motion Read by a model
Defendants move to dismiss both claims pursuant to Federal Rule of Civil Procedure 12(b)(1) and 12(b)(6).
Disposition Dismissed in part; some claims go on The government's motion to dismiss was granted in part: some claims were dismissed and others go on. Read by a model
For the reasons explained above, Defendants’ motion to dismiss, Doc. 7, is DENIED.
Prevailing party Each side in part Read by a model
For the reasons explained above, Defendants’ motion to dismiss, Doc. 7, is DENIED.
The delay claim The delay claim goes on Read by a model
For the reasons explained above, Defendants’ motion to dismiss, Doc. 7, is DENIED.
The other claims Some dismissed, some go on Read by a model
While consular nonreviewability does not bar the Court from compelling Defendants to issue a final decision on the Application, the doctrine does prevent the Court from reviewing Defendants’ decision to base its refusal on INA 221(g).
Months pending 16.8 months from the application to the suit The agency acted before this decision, so the months up to the decision are not a delay and are not shown. Read by a model
On December 5, 2023, a consular officer at the U.S. Embassy in Dijbouti interviewed Al-Daeri, wherein he applied for a nonimmigrant K-1 visa (“the Application”) on the basis that he was Husain’s fiancé.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Consular nonreviewability applied; Consular nonreviewability rejected; Held moot; Mootness argument rejected; Duty to re-adjudicate a 221(g) refusal found Read by a model
While consular nonreviewability does not bar the Court from compelling Defendants to issue a final decision on the Application, the doctrine does prevent the Court from reviewing Defendants’ decision to base its refusal on INA 221(g).
Nationality Yemen Read by a model
Her fiancé, Al-Daeri, is a citizen of Yemen.

How the case ended

Docket
No. 1:25-cv-00512
On the docket
This ruling (ECF 20)
Filed
April 30, 2025
Ended
September 11, 2026
Suit's filing to its end
499 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.

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 Ninth 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.