Mandamus decisions / District of Columbia
DIAKANUA v. BLINKEN
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
They allege that Defendant, the U.S. Secretary of State, has unreasonably delayed resolving Muila’s visa application. |
|---|---|
| Form or filing |
221(g) (consular refusal); DS-260 (immigrant visa)
Read by a model
Defendant further represents that “[t]he consular officer adjudicated Mr. Muila’s visa application at the conclusion of the interview and refused the application under section 221(g) of the Immigration and Nationality Act, 8 U.S.C. § 1201(g).” |
| What the suit asked for |
Finish 221(g) processing
Read by a model
the Court may still grant Plaintiffs effectual relief by, for example, ordering Defendant to speed up his administrative processing of Muila’s application. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
the Court will grant Defendant’s Motion to Dismiss and deny Plaintiffs’ Motion to Compel Pursuant to Local Civil Rule 7(n). |
| Motion decided |
Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim
Read by a model
For all the above reasons, the Court will grant Defendant’s Motion to Dismiss and deny Plaintiffs’ Motion to Compel Pursuant to Local Civil Rule 7(n). |
| Whose motion |
The government's motion
Read by a model
the Court will grant Defendant’s Motion to Dismiss |
| Disposition |
Dismissed
The case or every delay claim was dismissed for a reason other than mootness.
Read by a model
the Court will grant Defendant’s motion and dismiss the case. |
| Prevailing party |
Government
Read by a model
the Court will grant Defendant’s motion and dismiss the case. |
| The delay claim |
Dismissed
Read by a model
The Court Will Dismiss Plaintiffs’ Unreasonable-Delay Claims |
| The other claims |
Dismissed
Read by a model
they lack standing to challenge that failure.9 Thus, the Court will dismiss Count III.10 |
| Months pending |
20 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
Muila paid the required filing fees and filed all the relevant forms and “supporting documents” on August 15, 2022. |
| TRAC factors |
The court weighed the TRAC factors
So the first and second TRAC factors, taken together, weigh in Defendant’s favor. |
| The government's delay arguments |
First-in, first-out processing accepted; Line-jumping accepted
Read by a model
And “visa interviews are scheduled in the order in which the cases become ‘documentarily complete,’ a methodology that courts in this District have consistently found is a ‘rule of reason,’ satisfying the first TRAC factor.” |
| Threshold rulings |
Held moot; Mootness argument rejected
Read by a model
Even if Plaintiffs had alleged standing, the Court would still dismiss Count III as moot after considering that Muila has now been interviewed and that his application has been placed in administrative processing. |
| Nationality |
Congo
Read by a model
Diakanua is an LPR seeking an FP visa for her husband, Muila, a national of the Democratic Republic of the Congo. |
| I-130 category |
Family preference
Read by a model
Diakanua is an LPR seeking an FP visa for her husband, Muila, a national of the Democratic Republic of the Congo. |
How the case ended
- Docket
- No. 1:24-cv-01027
- Filed
- April 10, 2024
- Ended
- March 31, 2025
- Suit's filing to its end
- 355 days
- How it ended
- Dismissed on jurisdiction or the merits
- From the record
- order 2025-03-31 for the defendants, ground not stated; 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 D.C. 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.
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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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Saavedra Bruno v. Albright, 197 F.3d 1153
D.C. Circuit, December 3, 1999. Consular visa decisions are not subject to judicial review absent an express statutory grant, and the APA does not displace that doctrine.
ImmCite: treatment available, history exists, not clearance
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Baan Rao Thai Restaurant v. Pompeo, 985 F.3d 1020
D.C. Circuit, January 22, 2021. Consular nonreviewability bars a federal court from second-guessing a consular officer's decision to issue or withhold a visa, and dismissal on that ground is a merits ruling rather than a jurisdictional one.
ImmCite: treatment available, history exists, not clearance. ImmCite has read all 3 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.
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Pietersen v. Department of State, 138 F.4th 552
D.C. Circuit, May 30, 2025. Consular nonreviewability does not bar a forward-looking APA challenge to generally applicable State Department guidance, as distinct from review of an individual visa refusal.
ImmCite: unchecked, treatment not confirmed yet, not evidence either way. ImmCite has found no published decision citing this case as of 2026-11-03; it checks for new citing decisions daily. That is not a determination that the case is good law. The citation index lists 24 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.
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Telecommunications Research & Action Center v. FCC, 750 F.2d 70
D.C. Circuit, October 24, 1984. Whether agency delay is unreasonable turns on six factors: a rule of reason, any statutory timetable, the human welfare interests at stake, the effect of expediting on competing priorities, the interests prejudiced by delay, and no need to find impropriety.
ImmCite: treatment available, history exists, not clearance
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Mashpee Wampanoag Tribal Council, Inc. v. Norton, 336 F.3d 1094
D.C. Circuit, August 8, 2003. A claim that an agency has unreasonably delayed a matter arises under the APA and § 1331, and the TRAC factors decide whether the delay is unreasonable.
ImmCite: treatment available, history exists, not clearance
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Karimova v. Abate, No. 23-5178 (D.C. Cir. July 24, 2024) (unpublished judgment)
D.C. Circuit, July 24, 2024, nonprecedential. Neither § 555(b) nor any other law imposes a clear, nondiscretionary duty on a consular officer to re-adjudicate a visa application that was officially refused under § 1201(g) and placed in administrative processing, so mandamus and § 706(1) relief are unavailable.
ImmCite: not applicable, outside the precedential ImmCite corpus