Mandamus decisions / Southern District of New York

Nagi v. Rubio

Southern District of New YorkJohn P. CronanDecided June 25, 2026No. 1:25-cv-02453

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
Following the Petition’s filing, consular staff at the Cairo Embassy emailed Al Harbi on October 23, 2025, requesting that he “provide an updated police certificate, recent personal photos, and an updated Form DS-260, Immigrant Visa Electronic Application.”
Form or filing 221(g) (consular refusal); DS-260 (immigrant visa) Read by a model
On or around August 2, 2016, Al Harbi submitted a Form DS-260 immigrant visa application plus supporting documentation.
What the suit asked for Finish 221(g) processing Read by a model
According to Petitioners, Al Harbi was “required to submit answers to a list of supplemental questions,” and, as of the time of the Petition’s filing, his application “remain[ed] in an indefinite state of additional ‘administrative processing’ with no timeline for completion.”
Kind of order A ruling on a motion or the petition Read by a model
the Court grants Respondents’ motion to dismiss for lack of subject matter jurisdiction and dismisses the Petition without prejudice.
Motion decided Motion to dismiss for lack of jurisdiction Read by a model
Respondents moved to dismiss the Petition for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1)
Whose motion The government's motion Read by a model
the Court grants Respondents’ motion to dismiss for lack of subject matter jurisdiction and dismisses the Petition without prejudice.
Disposition Dismissed as moot Dismissed or denied as moot because the agency acted. Read by a model
Because the Petition is moot, the Court dismisses Petitioners’ claims without prejudice for lack of subject matter jurisdiction.
Prevailing party Neither side Read by a model
Because the Petition is moot, the Court dismisses Petitioners’ claims without prejudice for lack of subject matter jurisdiction.
The delay claim Moot: the agency acted Read by a model
Because the Petition is moot, the Court dismisses Petitioners’ claims without prejudice for lack of subject matter jurisdiction.
Months pending 103.7 months from the application to the suit; 113.4 months from the application to the agency's action Read by a model
But after Al Harbi re-took his visa application oath at the Embassy on January 15, 2026, a consular officer once more refused his application that same day, now under Section 1182(f), in accordance with Presidential Proclamation 10998.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Held moot Read by a model
Because the Petition is moot, the Court dismisses Petitioners’ claims without prejudice for lack of subject matter jurisdiction.
Nationality Yemen Read by a model
Nagi, a United States citizen, is married to Al Harbi, a Yemeni national who currently lives in Yemen.
212(f) proclamation Proclamation 10998 Read by a model
a consular officer once more refused his application that same day, now under Section 1182(f), in accordance with Presidential Proclamation 10998.
I-130 category Immediate relative Read by a model
Nagi, a United States citizen, is married to Al Harbi, a Yemeni national who currently lives in Yemen.

How the case ended

Docket
No. 1:25-cv-02453
Filed
March 25, 2025
Ended
June 26, 2026
Suit's filing to its end
458 days
How it ended
Ended once the agency acted
From the record
judgment 2026-06-26 dismisses for want of jurisdiction; idb disp 6 (judgment: motion before trial), 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 3, 2026. Check the current status before relying on one.