Passim

Mandamus decisions / District of Columbia

Khan v. Bitter

District of ColumbiaBeryl A. HowellDecided February 23, 2024No. 1:23-cv-01576

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
The Court assumes, without deciding, that plaintiff has identified a mandatory non-discretionary agency action in the form of the statutory requirement that “[a]ll immigrant visa applications shall be reviewed and adjudicated by a consular officer.”
Form or filing DS-260 (immigrant visa) Read by a model
The Court assumes, without deciding, that plaintiff has identified a mandatory non-discretionary agency action in the form of the statutory requirement that “[a]ll immigrant visa applications shall be reviewed and adjudicated by a consular officer.”
What the suit asked for Decide the application Read by a model
Plaintiff requests a writ of mandamus directing defendants to adjudicate his wife’s visa petition within fifteen calendar days or as soon as reasonably possible
Kind of order A ruling on a motion or the petition Read by a model
For the foregoing reasons, defendants’ motion to dismiss plaintiff’s petition for writ of mandamus is granted.
Motion decided Motion to dismiss for failure to state a claim Read by a model
Defendants now move to dismiss for lack of jurisdiction under Federal Rule of Civil Procedure 12(b)(1), or, in the alternative, for failure to state a claim under Rule 12(b)(6).
Whose motion The government's motion Read by a model
In August 2023, defendants moved to dismiss plaintiff’s complaint under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6).
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
For the foregoing reasons, defendants’ motion to dismiss plaintiff’s petition for writ of mandamus is granted.
Prevailing party Government Read by a model
For the foregoing reasons, defendants’ motion to dismiss plaintiff’s petition for writ of mandamus is granted.
The delay claim Dismissed Read by a model
Plaintiff’s claim thus must be dismissed for failure to state a claim.
The other claims Dismissed Read by a model
Plaintiff’s Due Process Claim Fails
Months pending 29.3 months from the application to the court's decision Read by a model
In September 2021, plaintiff filed an I-130 visa petition with USCIS on behalf of his wife, Fnu Asma.
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 neededneutral
Read by a model
Both factors weigh in defendants’ favor.
The government's delay arguments Line-jumping accepted Read by a model
Since the D.C. Circuit recognizes “no basis for reordering agency priorities,” In re Barr Labs., Inc., 930 F.2d at 76, this factor weighs in favor of defendants.
Threshold rulings None Read by a model
I-130 category Immediate relative Read by a model
In September 2021, plaintiff filed an I-130 visa petition with USCIS on behalf of his wife, Fnu Asma.

How the case ended

Docket
No. 1:23-cv-01576
Filed
June 2, 2023
Ended
February 26, 2024
Suit's filing to its end
269 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 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.