Passim

Mandamus decisions / District of Columbia

Kussem v. Blinken

District of ColumbiaTanya S. ChutkanDecided March 7, 2022No. 1:21-cv-01441

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.

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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 Department of State Read by a model
Defendants do not specifically explain how State Department policies regarding COVID-19 safety have impacted conditions at the U.S. Embassy in Cairo such that it would have been unable to process and adjudicate Plaintiffs’ requests.
Form or filing DS-260 (immigrant visa) Read by a model
In March 2018, they completed their immigrant visa interviews at the U.S. Embassy in Cairo, Egypt, but their applications were subsequently denied under Presidential Proclamation 9645.
What the suit asked for Some other action Read by a model
Plaintiffs also seek a writ of mandamus compelling Defendants to either adjudicate Nagib’s and Ali’s applications or provide Plaintiffs with a timeline by which adjudication will take place.
Kind of order A ruling on a motion or the petition Read by a model
For the reasons explained above, the court will GRANT Defendants’ motion to dismiss.
Motion decided Motion to dismiss for failure to state a claim Read by a model
A motion to dismiss under Rule 12(b)(6) for failure to state a claim “tests the legal sufficiency of a complaint.”
Whose motion The government's motion Read by a model
Defendants moved to dismiss, ECF No. 4, Defs.’ Mot. to Dismiss
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
For the reasons explained above, the court will GRANT Defendants’ motion to dismiss.
Prevailing party Government Read by a model
For the reasons explained above, the court will GRANT Defendants’ motion to dismiss.
The delay claim Dismissed Read by a model
Because the court will dismiss Plaintiffs’ lawsuit for failure to state a valid claim for relief
Months pending 72 months from the application to the suit; 81.7 months from the application to the court's decision Read by a model
They applied for immigrant visas in May 2015, after which their applications were transferred to various consulates before reaching the U.S. Embassy in Cairo, Egypt.
TRAC factors The court weighed the TRAC factors
  • 1. Rule of reasonfavors the government
  • 2. Congressional timetablefavors the government
  • 3. Human health and welfarefavors the applicant
  • 4. Competing prioritiesfavors the government
  • 5. Interests prejudicedfavors the applicant
  • 6. No impropriety neededfavors the government
Read by a model
As such, the first and second TRAC factors weigh in Defendants’ favor.
The government's delay arguments Line-jumping accepted Read by a model
Even if Plaintiffs are near the front of the queue, “a judicial order putting [Plaintiffs] at the head of the queue simply moves all others back one space and produces no net gain.”
Threshold rulings None Read by a model
Nationality Yemen Read by a model
His children, Nagib and Ali, are citizens and residents of Yemen who seek to immigrate to the United States.
212(f) proclamation Proclamation 9645 Read by a model
In March 2018, they completed their immigrant visa interviews at the U.S. Embassy in Cairo, Egypt, but their applications were subsequently denied under Presidential Proclamation 9645.

How the case ended

Docket
No. 1:21-cv-01441
Filed
May 27, 2021
Ended
March 8, 2022
Suit's filing to its end
285 days
How it ended
Dismissed, ground not recorded
From the record
idb disp 14 (dismissed: other)

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 D.C. 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.