Passim

Mandamus decisions / Eastern District of New York

Ilahi v. Bitter

Eastern District of New YorkBrian M. CoganDecided October 6, 2023No. 1:23-cv-05843

Read the decisionOriginal on CourtListener

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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
Plaintiff seeks mandamus relief and relief under the Administrative Procedure Act, alleging that the U.S. Embassy in Islamabad has failed to act with sufficient dispatch in interviewing his wife and adjudicating her visa application.
Form or filing DS-260 (immigrant visa) Read by a model
His complaint seeks to “compel[] Defendants to carry out their nondiscretionary duty to adjudicate Plaintiffs’ DS-260 application.”
What the suit asked for Decide the application Read by a model
His complaint seeks to “compel[] Defendants to carry out their nondiscretionary duty to adjudicate Plaintiffs’ DS-260 application.”
Kind of order A ruling on a motion or the petition Read by a model
Defendants’ [6] motion to dismiss is therefore granted.
Motion decided Other motion to dismiss Read by a model
Defendants’ [6] motion to dismiss is therefore granted.
Whose motion The government's motion Read by a model
Defendants move to dismiss on several grounds:
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
Defendants’ [6] motion to dismiss is therefore granted.
Prevailing party Government Read by a model
Defendants’ [6] motion to dismiss is therefore granted.
The delay claim Dismissed Read by a model
Defendants’ [6] motion to dismiss is therefore granted.
Months pending 48 months from the application to the court's decision Read by a model
As of this writing, more than four years after plaintiff filed the I-130, his wife still has not received an interview date.
TRAC factors The court did not weigh the TRAC factors Read by a model
The government's delay arguments Line-jumping accepted; Visa availability rejected Read by a model
The situation is deplorable, but it is not up to the courts to award preferences to those applicants with the resources or knowledge to bring lawsuits.
Threshold rulings Consular nonreviewability applied Read by a model
However, defendants are correct that consular non-reviewability and the length of the delay preclude relief here.
Nationality Pakistan Read by a model
his wife, a Pakistani national.
I-130 category Family preference Read by a model
In March 2019, plaintiff, a lawful permanent resident, filed a Form I-130 (Petition for Alien Relative) on behalf of his wife, a Pakistani national.

How the case ended

Docket
No. 1:23-cv-05843
Filed
August 1, 2023
Ended
October 11, 2023
Suit's filing to its end
71 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 Second 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.