Mandamus decisions / Eastern District of New York
Azam v. Noem
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 |
USCIS
Read by a model
All USCIS action in this matter is concluded as of the date of this notice. |
|---|---|
| Form or filing |
221(g) (consular refusal); DS-160 (nonimmigrant visa)
Read by a model
on June 11, 2024, Mr. Aslam submitted his DS-160 Nonimmigrant Visa Application |
| What the suit asked for |
Decide the application
Read by a model
The Complaint principally seeks an order compelling “Defendants and those acting under them to take all appropriate action to reinstate and adjudicate the Plaintiff’s fiancé visa petition without further delay.” |
| Kind of order |
A ruling on a motion or the petition
Read by a model
For the reasons set forth above, the Motion to Dismiss, ECF No. 6, is GRANTED and this action is DISMISSED without prejudice. |
| Motion decided |
Motion to dismiss for lack of jurisdiction
Read by a model
For the reasons set forth above, the Motion to Dismiss, ECF No. 6, is GRANTED and this action is DISMISSED without prejudice. |
| Whose motion |
The government's motion
Read by a model
the Court deemed Defendants’ May 23, 2025 letter, ECF No. 6, to be Defendants’ motion to dismiss Count Three of the Complaint |
| Disposition |
Dismissed as moot
Dismissed or denied as moot because the agency acted.
Read by a model
Count Three – which appears to be premised on “unreasonable delay” by Defendants – is moot. Accordingly, the Court is without subject matter jurisdiction and the action must be dismissed. |
| Prevailing party |
Neither side
Read by a model
Count Three – which appears to be premised on “unreasonable delay” by Defendants – is moot. |
| The delay claim |
Moot: the agency acted
Read by a model
Defendants are correct that Count Three – the remaining Count of the Complaint – is moot. |
| Months pending |
15.4 months from the application to the suit; 1.1 months from the application to the agency's action
Read by a model
at the conclusion of the July 16, 2024 interview, the consular officer refused Mr. Aslam’s nonimmigrant K-1 visa application pursuant to section 221(g) |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings |
Held moot
Read by a model
Defendants are correct that Count Three – the remaining Count of the Complaint – is moot. |
How the case ended
- Docket
- No. 1:25-cv-01394
- Filed
- March 11, 2025
- Ended
- December 1, 2025
- Suit's filing to its end
- 265 days
- How it ended
- Ended once the agency acted
- From the record
- 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.
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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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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.
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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.