Mandamus decisions / Southern District of Florida
DOR v. RUBIO
Read the decisionOriginal on CourtListener
2,996 written decisions from 2,731 cases in the whole mandamus and agency-delay group, the group's newest decided November 12, 2026. Updated November 14, 2026 at 1:17 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 1,617 public decisions since January 1, 2025 that a CourtListener and GovInfo search for mandamus and agency delay finds, Passim holds 1,406 (87%), 1,039 of them in this group, measured November 14, 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
State Department officials have a non-discretionary, discrete duty to schedule visa interviews for documentarily qualified applicants. |
|---|---|
| Form or filing |
DS-260 (immigrant visa)
Read by a model
On May 30, 2020, Plaintiff Matilde Dor submitted to the State Department an application on Form DS-260 for an immigrant visa. |
| What the suit asked for |
Schedule an interview
Read by a model
mandating a time certain to schedule Plaintiff [Matilde Dor] for her required immigrant visa interview and thereafter complete the adjudication of Plaintiff’s Application |
| Kind of order |
A ruling on a motion or the petition
Read by a model
ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS |
| Motion decided |
Motion to dismiss for failure to state a claim
Read by a model
Defendants again move to dismiss for lack of jurisdiction under Rule 12(b)(1) and for failure to state a claim under Rule 12(b)(6). |
| Whose motion |
The government's motion
Read by a model
THIS CAUSE is before the Court on Defendants’ Motion to Dismiss, [DE 12], filed herein on November 7, 2025. |
| Disposition |
Dismissed
The case or every delay claim was dismissed for a reason other than mootness.
Read by a model
The Amended Complaint [DE 11] is DISMISSED WITH PREJUDICE. |
| Prevailing party |
Government
Read by a model
Defendants’ Motion [DE 12] is GRANTED; |
| The delay claim |
Dismissed
Read by a model
2. The Amended Complaint [DE 11] is DISMISSED WITH PREJUDICE. |
| Months pending |
66.6 months from the application to the court's decision
Read by a model
On May 30, 2020, Plaintiff Matilde Dor submitted to the State Department an application on Form DS-260 for an immigrant visa. |
| TRAC factors |
The court weighed the TRAC factors
These first two factors weigh in favor of Defendants. |
| The government's delay arguments |
Line-jumping accepted
Read by a model
Although the Court is sympathetic to these concerns, the granting of relief would just increase the delay faced by other, similarly situated applicants in Haiti. |
| Threshold rulings | None Read by a model |
| I-130 category |
Family preference
Read by a model
Plaintiff Saintilma Dor filed a petition on Form I-130 for the benefit of his daughter, Plaintiff Matilde Dor, on December 8, 2008. |
Other orders in this case
The group holds 2 decisions from this suit, oldest first. Outcome counts on these pages count the case once, by its latest decision, this one. How decisions are grouped into cases.
| Decision | Decided | Judge | Disposition |
|---|---|---|---|
| DOR v. RUBIO | October 15, 2025 | William P. Dimitrouleas | Not recorded |
| DOR v. RUBIOThis decisionThe case's latest decision: its outcome is the one counted | December 18, 2025 | William P. Dimitrouleas | Dismissed |
How the case ended
- Docket
- No. 0:25-cv-61223
- Filed
- June 18, 2025
- Ended
- December 18, 2025
- Suit's filing to its end
- 183 days
- How it ended
- Dismissed on jurisdiction or the merits
- 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 Eleventh 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 14, 2026. Check the current status before relying on one.
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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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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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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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Del Valle v. Secretary of State, 16 F.4th 832
Eleventh Circuit, October 26, 2021. Consular nonreviewability is not jurisdictional, but a refusal citing specific inadmissibility provisions is facially legitimate and bona fide, and in camera review of the underlying evidence is foreclosed absent plausibly alleged bad faith.
ImmCite: treatment available, history exists, not clearance. ImmCite has read all 3 published decisions citing this case, as of 2026-11-13; none treats it adversely. That describes those decisions; it is not a determination that the case is good law.
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Kanapuram v. Director, USCIS, 131 F.4th 1302
Eleventh Circuit, March 20, 2025. Section 1252(a)(2)(B)(ii) strips district courts of jurisdiction over APA unreasonable-delay claims about pending adjustment applications where the delay is part of the discretionary adjudication process, including retrogression holds.
ImmCite: treatment available, history exists, not clearance. ImmCite has read all 2 published decisions citing this case, as of 2026-11-09; none treats it adversely. That describes those decisions; it is not a determination that the case is good law.