Mandamus decisions / Southern District of New York
Nagi v. Rubio
Read the decisionOriginal on CourtListener
2,914 written decisions from 2,661 cases in the whole mandamus and agency-delay group, the group's newest decided October 30, 2026. Updated November 3, 2026 at 1:24 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 1,606 public decisions since January 1, 2025 that a CourtListener and GovInfo search for mandamus and agency delay finds, Passim holds 1,371 (85%), measured November 3, 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
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.
-
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
-
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 2026-10-29; none treats it adversely. That describes those decisions; it is not a determination that the case is good law.
-
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 2026-10-29; it checks for new citing decisions daily. That is not a determination that the case is good law. The citation index lists 7 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.