Mandamus decisions / Northern District of Georgia

Nahar v. Rubio

Northern District of GeorgiaMark H. CohenDecided March 23, 2026No. 1:25-cv-00210

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 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
  • 1. Rule of reasonfavors the government
  • 2. Congressional timetableneutral
  • 3. Human health and welfareneutral
  • 4. Competing prioritiesfavors the government
  • 5. Interests prejudicedneutral
  • 6. No impropriety neededneutral
Read by a model
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.