Mandamus decisions / Southern District of California

Khalid Aldurra v. United States Department of State

Southern District of CaliforniaDana M. SabrawDecided May 20, 2026No. 3:25-cv-01322

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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
Two days after the interview, on September 26, 2023, Ms. Al-Qayisi submitted answers to the questions posed by the U.S. Embassy on Form DS-5535, Supplemental Questions for Visa Applicants.
Form or filing 221(g) (consular refusal); DS-260 (immigrant visa) Read by a model
Plaintiff Mudar Ibrahim Khalid Aldurra brings suit against Defendants to compel a final decision on an immigrant visa application for his mother Lubna Mohammed Abdo Al-Qayisi (“Ms. “Al-Qayisi”). Ms. Al-Qayisi’s application has been suspended in “administrative processing” since September 2023.
What the suit asked for Finish 221(g) processing Read by a model
Plaintiff Mudar Ibrahim Khalid Aldurra brings suit against Defendants to compel a final decision on an immigrant visa application for his mother Lubna Mohammed Abdo Al-Qayisi (“Ms. “Al-Qayisi”). Ms. Al-Qayisi’s application has been suspended in “administrative processing” since September 2023.
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 lack of jurisdiction; Motion to dismiss for failure to state a claim Read by a model
Defendants now move to dismiss Plaintiff’s First Amended Complaint (“FAC”) pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6).
Whose motion The government's motion Read by a model
Defendants now move to dismiss Plaintiff’s First Amended Complaint (“FAC”) pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6).
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
Specifically, the Court denies the motion to dismiss Plaintiff’s APA claim, but grants the motion to dismiss Plaintiff’s due process claim with prejudice.
Prevailing party Each side in part 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 with prejudice.
The delay claim The delay claim goes on 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 with prejudice.
The other claims Dismissed Read by a model
Because amendment would be futile, this claim is dismissed without leave to amend.
Months pending 31.8 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
he has identified a legally required, discrete act that Defendants have failed to perform—that is, to make a final determination on Ms. Al-Qayisi’s application following completion of the “security screening” in administrative processing.
Nationality Iraq Read by a model
his mother who is a citizen of Iraq living in Jordan.
I-130 category Immediate relative Read by a model
He alleges that as a U.S. citizen he has a protected liberty interest in his mother’s visa that is violated by the ongoing administrative processing.

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, this one. How decisions are grouped into cases.

DecisionDecidedJudgeDisposition
Khalid Aldurra v. United States Department of State January 8, 2026 Dana M. Sabraw Dismissed in part; some claims go on
Khalid Aldurra v. United States Department of StateThis decisionThe 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 17)
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.