Mandamus decisions / Southern District of California
Khalid Aldurra v. United States Department of State
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
Following the interview, the consular officer requested additional information, which Ms. Al-Qayisi submitted on September 26, 2023. |
|---|---|
| Form or filing |
221(g) (consular refusal); DS-260 (immigrant visa)
Read by a model
Specifically, Plaintiff alleges Defendants’ delay in adjudicating Plaintiff’s visa application has been unreasonable. |
| What the suit asked for |
Finish 221(g) processing
Read by a model
On May 23, 2025, Plaintiff filed the present case seeking a writ of mandamus compelling Defendants to adjudicate the petition. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
For the reasons set out above, Defendants’ motion to dismiss is granted in part and denied in part. |
| Motion decided |
Motion to dismiss for failure to state a claim
Read by a model
Defendants move to dismiss Plaintiff’s APA and due process claims for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). |
| Whose motion |
The government's motion
Read by a model
This case comes before the Court on Defendants’ motion to dismiss Plaintiff’s Complaint. |
| Disposition |
Dismissed in part; some claims go on
The government's motion to dismiss was granted in part: some claims were dismissed and others go on.
Read by a model
Accordingly, Defendants’ motion to dismiss Plaintiff’s APA claim is denied. |
| Prevailing party |
Each side in part
Read by a model
Accordingly, Defendants’ motion to dismiss Plaintiff’s APA claim is denied. |
| The delay claim |
The delay claim goes on
Read by a model
Accordingly, Defendants’ motion to dismiss Plaintiff’s APA claim is denied. |
| The other claims |
Dismissed
Read by a model
Specifically, the Court denies the motion to dismiss Plaintiff’s APA claim, but grants the motion to dismiss Plaintiff’s due process claim. |
| Months pending |
19.9 months from the application to the suit; 27.5 months from the application to the court's decision
Read by a model
Ms. Al-Qayisi’s interview took place on September 24, 2023. |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings |
Duty to re-adjudicate a 221(g) refusal found
Read by a model
The Court also rejects Defendants’ second argument, which relies on Karimova v. Abate, No. 23-5178, 2024 WL 3517852 (D.C. Cir. July 24, 2024). |
| Nationality |
Iraq
Read by a model
his mother Lubna Mohammed Abdo Al-Qayisi who is a citizen of Iraq living in Jordan. |
| I-130 category |
Immediate relative
Read by a model
is a United States citizen who resides in San Diego, California. (Compl. at 3, ECF No. 1.) On August 14, 2021, Plaintiff filed a visa petition with United States Customs and Immigration Services (“USCIS”) for his mother |
Other orders in this case
The group holds 2 decisions from this suit, oldest first. Outcome counts on these pages count the case once, by its latest decision. How decisions are grouped into cases.
| Decision | Decided | Judge | Disposition |
|---|---|---|---|
| Khalid Aldurra v. United States Department of StateThis decision | January 8, 2026 | Dana M. Sabraw | Dismissed in part; some claims go on |
| Khalid Aldurra v. United States Department of StateThe case's latest decision: its outcome is the one counted | May 20, 2026 | Dana M. Sabraw | Dismissed in part; some claims go on |
How the case ended
- Docket
- No. 3:25-cv-01322
- On the docket
- This ruling (ECF 10)
- Filed
- May 23, 2025
- Status
- Pending as of the last docket check
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 Ninth 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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Allen v. Milas, 896 F.3d 1094
Ninth Circuit, July 24, 2018. The APA provides no avenue for review of a consular visa refusal beyond Mandel's facially-legitimate-and-bona-fide inquiry, and consular nonreviewability is not a jurisdictional bar.
ImmCite: treatment available, history exists, not clearance. ImmCite has read all 8 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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Sanchez Gonzalez v. United States Department of State, No. 23-4205 (9th Cir. Apr. 30, 2026)
Ninth Circuit, April 30, 2026. After Muñoz, a citizen spouse's own First Amendment interest triggered Mandel review, which a facially legitimate and bona fide reason satisfied absent a showing of bad faith.
ImmCite: unchecked, treatment not confirmed yet, not evidence either way. ImmCite has found no published decision citing this case as of 2026-10-18; it checks for new citing decisions daily. That is not a determination that the case is good law.
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Independence Mining Co. v. Babbitt, 105 F.3d 502
Ninth Circuit, January 23, 1997. Mandamus and APA § 706(1) claims to compel delayed agency action are analyzed alike under the TRAC factors.
ImmCite: treatment available, history exists, not clearance
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Vaz v. Neal, 33 F.4th 1131
Ninth Circuit, May 9, 2022. Section 706(1) compels only a clear, mandatory and discrete duty that has been unreasonably delayed under TRAC, and the APA's prerequisites go to the merits while § 1331 supplies jurisdiction.
ImmCite: unchecked, treatment not confirmed yet, not evidence either way. ImmCite has found no published decision citing this case as of 2026-11-10; it checks for new citing decisions daily. That is not a determination that the case is good law. The citation index lists 145 other decisions citing it, none a Supreme Court, BIA or Attorney General precedent or a published circuit opinion; ImmCite's status does not review them.