Mandamus decisions / Northern District of Georgia
Nahar 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 |
National Visa Center
Read by a model
The U.S. Embassy or Consulate General tells NVC what dates they are holding interviews, and NVC fills these appointments in a first-in, first-out manner. |
|---|---|
| Form or filing |
DS-260 (immigrant visa)
Read by a model
On February 17, 2022, Hossain submitted a Form DS-260, Immigrant Visa Electronic Application and accompanymg documentation. |
| What the suit asked for |
Schedule an interview
Read by a model
Specifically, Plaintiffs seek an order from this Court "mandating a time certain to forward Plaintiff HOSSAIN's Application to the Embassy and schedule the same for an interview." |
| Kind of order |
A ruling on a motion or the petition
Read by a model
For the foregoing reasons, it is hereby ORDERED that Defendants' Motions to Dismiss [Docs. 7 and 19] are GRANTED. |
| Motion decided |
Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim
Read by a model
For the foregoing reasons, it is hereby ORDERED that Defendants' Motions to Dismiss [Docs. 7 and 19] are GRANTED. |
| Whose motion |
The government's motion
Read by a model
For the foregoing reasons, it is hereby ORDERED that Defendants' Motions to Dismiss [Docs. 7 and 19] are GRANTED. |
| Disposition |
Dismissed as moot
Dismissed or denied as moot because the agency acted.
Read by a model
Accordingly, this case must be dismissed as moot. |
| Prevailing party |
Neither side
Read by a model
Because Plaintiffs have received all of the relief requested in the Amended Complaint, there is no longer any live controversy remainmg for this Court to consider. |
| The delay claim |
Moot: the agency acted
Read by a model
Accordingly, this case must be dismissed as moot. |
| Months pending |
35 months from the application to the suit; 48.9 months from the application to the agency's action
Read by a model
Subsequently, on March 19, 2026, Defendants filed a second Motion to Dismiss, representing that the consular mtendew was conducted on March 15, 2026, and that Hossain's visa application was rejected the same day. |
| TRAC factors |
The court weighed the TRAC factors
In sum, TRAC factors one and four favor Defendants while the remaining factors are neutral or inapplicable. |
| The government's delay arguments |
First-in, first-out processing accepted; Line-jumping accepted
Read by a model
Courts considering this policy, including courts in this district, have found that the "USCIS's process of 'first in, first out' to be a rule of reason." |
| Threshold rulings |
Held moot
Read by a model
Accordingly, this case must be dismissed as moot. |
| Nationality |
Bangladesh
Read by a model
Plaintiff Masiat Binte Hossain ("Hossain") is Nahar's unmarried daughter and a citizen of Bangladesh. |
| I-130 category |
Family preference
Read by a model
Plaintiffs are seeking a F2B family preference visa for Hossain as the unmarried adult child ofNahar. |
How the case ended
- Docket
- No. 1:25-cv-00210
- Filed
- January 16, 2025
- Ended
- March 23, 2026
- Suit's filing to its end
- 431 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 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 3, 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 2026-10-29; none treats it adversely. That describes those decisions; it is not a determination that the case is good law.
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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 2026-11-02; none treats it adversely. That describes those decisions; it is not a determination that the case is good law.