Mandamus decisions / District of Massachusetts
Konshina 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
As a result of the interview, the consular officer provided a Form 221(g) to Konshina. |
|---|---|
| Form or filing |
221(g) (consular refusal); DS-160 (nonimmigrant visa)
Read by a model
appeared for an “F-1” visa interview at the United States Embassy in Belgrade, Serbia on October 28, 2024. As a result of the interview, the consular officer provided a Form 221(g) to Konshina. |
| What the suit asked for |
Finish 221(g) processing
Read by a model
to compel the government to perform their duty to complete their review. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
For the reasons stated above, the motion to dismiss, ECF No. 10, is ALLOWED and the action is DISMISSED without prejudice. |
| Motion decided |
Other motion to dismiss
Read by a model
For the reasons stated above, the motion to dismiss, ECF No. 10, is ALLOWED and the action is DISMISSED without prejudice. |
| Whose motion |
The government's motion
Read by a model
On April 21, 2025, the Public Officials filed their motion to dismiss, with supporting memorandum of law. |
| Disposition |
Dismissed
The case or every delay claim was dismissed for a reason other than mootness.
Read by a model
For the reasons stated above, the motion to dismiss, ECF No. 10, is ALLOWED and the action is DISMISSED without prejudice. |
| Prevailing party |
Government
Read by a model
For the reasons stated above, the motion to dismiss, ECF No. 10, is ALLOWED and the action is DISMISSED without prejudice. |
| The delay claim |
Dismissed
Read by a model
For the reasons stated above, the motion to dismiss, ECF No. 10, is ALLOWED and the action is DISMISSED without prejudice. |
| Months pending |
3.5 months from the application to the suit; 13.8 months from the application to the court's decision
Read by a model
On October 28, 2024, Konshina appeared for an F-1 visa interview at the United States Embassy in Belgrade, Serbia. |
| TRAC factors |
The court weighed the TRAC factors
Factors one and two favor the Public Officials. |
| The government's delay arguments |
First-in, first-out processing accepted
Read by a model
these factors favor the Public Officials. The Public Officials acknowledge a rule of reason [8] Case 1:25-cv-10357-WGY Document21_ Filed 12/22/25 Page 9of11 applies, and that typically means a first in, first out policy. |
| Threshold rulings | None Read by a model |
| Nationality |
Russia
Read by a model
the Plaintiff Ekaterina Konshina (“Konshina”), a Russian citizen, |
How the case ended
- Docket
- No. 1:25-cv-10357
- On the docket
- This ruling (ECF 22)
- Filed
- February 11, 2025
- Ended
- December 22, 2025
- Suit's filing to its end
- 314 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.
The ruling's entry is the docket's one order or judgment entered the day of the decision. Both come from CourtListener's copy of the docket; check them there.
Supreme Court and First 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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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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Adams v. Baker, 909 F.2d 643
First Circuit, July 26, 1990. A visa denial stands under Mandel where the government states a facially legitimate and bona fide reason, and the court will not weigh the evidence behind it.
ImmCite: caution, adverse or limiting treatment found. Clarified (jurisdictional description superseded by Muñoz), as recognized in Teles De Menezes v. Rubio, 156 F.4th 1 (2025).
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Teles De Menezes v. Rubio, 156 F.4th 1
First Circuit, September 18, 2025. After Muñoz, consular nonreviewability is a merits defense rather than a jurisdictional bar, and it does not reach a challenge to the State Department's reclassification of an approved petition as opposed to a visa refusal.
ImmCite: treatment available, history exists, not clearance. ImmCite has read all 2 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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Towns of Wellesley, Concord & Norwood v. FERC, 829 F.2d 275
First Circuit, September 25, 1987. The First Circuit applies the TRAC factors when asked to compel agency action that has been unreasonably delayed.
ImmCite: treatment available, history exists, not clearance. ImmCite has read all 5 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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Patel v. Jaddou, 118 F.4th 475
First Circuit, October 16, 2024. Assuming statutory jurisdiction, § 1255(a) does not forbid USCIS from holding adjustment applications until a visa number is immediately available, so no § 706(1) claim lies against the abeyance policy; the Fourth Circuit rejects deciding the merits before the § 1252(a)(2)(B) question.
ImmCite: caution, adverse or limiting treatment found. Reasoning rejected in the Fourth Circuit by Lolakshi Kale v. Angelica Alfonso-Royals, 139 F.4th 329 (2025).