Passim

Mandamus decisions / Southern District of Ohio

Moses Ahmed v. Rubio

Southern District of OhioMatthew W. McFarlandDecided August 25, 2026No. 1:25-cv-00788

Read the decisionOriginal on CourtListener

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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
Indeed, "the only duty that the statute or regulations impose on consular officers is a duty to grant or refuse a visa."
Form or filing 221(g) (consular refusal); DS-260 (immigrant visa) Read by a model
Plaintiff Hanan's visa application was denied pursuant to Section 221(g)
What the suit asked for Finish 221(g) processing Read by a model
Specifically, Plaintiffs allege that Defendant has a clear, non-discretionary duty to adjudicate Plaintiff Hanan's visa application
Kind of order A ruling on a motion or the petition Read by a model
Defendant's Motion to Dismiss (Doc. 4) is GRANTED.
Motion decided Motion to dismiss for lack of jurisdiction Read by a model
The Court must address the Rule 12(b)(l) portion of the motion first.
Whose motion The government's motion Read by a model
This matter is before the Court on Defendant's Motion to Dismiss (Doc. 4).
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
Plaintiffs' Complaint (Doc. 1) is DISMISSED WITHOUT PREJUDICE;
Prevailing party Government Read by a model
Defendant's Motion to Dismiss (Doc. 4) is GRANTED;
The delay claim Dismissed Read by a model
Plaintiffs therefore have no standing to sue, and this case is subject to dismissal without prejudice.
Months pending 28.5 months from the application to the suit; 38.3 months from the application to the court's decision Read by a model
executed a visa application before a consular officer at the United States Embassy in Djibouti in June 2023.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Mootness argument rejected; No duty to re-adjudicate a 221(g) refusal Read by a model
As an initial matter, the Court clarifies that this is an issue of standing, and not of mootness, as the denial of Plaintiff Hasan' s visa application took place prior to the filing of this action.
Nationality Yemen Read by a model
who is a Yemeni national
I-130 category Family preference Read by a model
received an immigrant visa resulting from an F3 family-based immigrant visa petition filed by his father in 1997.

How the case ended

Docket
No. 1:25-cv-00788
Filed
October 29, 2025
Ended
August 25, 2026
Suit's filing to its end
300 days
How it ended
Dismissed on jurisdiction or the merits
From the record
order 2026-08-25 for the defendants, ground not stated

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 Sixth 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.