Passim

Mandamus decisions / Eastern District of New York

Xian Yong Zeng ex rel. Tie Liu v. Kerry

Eastern District of New YorkDonnellyDecided July 19, 2017No. 1:16-cv-06996

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.

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
The Consulate denied the application again on February 9, 2017.
Form or filing DS-230 Read by a model
He argues that Liu has been unable to join him in the United States due to a delay in adjudicating her DS 230-Application for Immigration Visa and Alien Registration.
What the suit asked for Decide the application Read by a model
seeking an order directing the defendants to adjudicate an immigrant visa application (“the application”) that the plaintiff filed on behalf of his spouse.
Kind of order A ruling on a motion or the petition Read by a model
The defendants’ motion to dismiss is GRANTED and the case is DISMISSED.
Motion decided Motion to dismiss for lack of jurisdiction Read by a model
filed this motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(1), on the ground that the Department of State has already adjudicated the application, rendering the plaintiffs claim moot.
Whose motion Cross-motions Read by a model
amendment of the complaint is futile, and the plaintiffs motion is denied. CONCLUSION Since the plaintiffs claim is moot, the Court lacks subject matter jurisdiction. The defendants’ motion to dismiss is GRANTED and the case is DISMISSED.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
Since the plaintiffs claim is moot, the Court lacks subject matter jurisdiction. The defendants’ motion to dismiss is GRANTED and the case is DISMISSED.
Prevailing party Government Read by a model
Since the plaintiffs claim is moot, the Court lacks subject matter jurisdiction. The defendants’ motion to dismiss is GRANTED and the case is DISMISSED.
The delay claim Moot: the agency acted Read by a model
Since the plaintiffs claim is moot, the Court lacks subject matter jurisdiction. The defendants’ motion to dismiss is GRANTED and the case is DISMISSED.
The other claims Dismissed Read by a model
Thus, because the court lacks subject matter jurisdiction over a challenge to the consulate’s rejection of a visa application, amendment of the complaint is futile, and the plaintiffs motion is denied.
Months pending Not stated at filing The agency acted before this decision, so the months up to the decision are not a delay and are not shown. Read by a model
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Consular nonreviewability applied; Held moot Read by a model
Thus, because the court lacks subject matter jurisdiction over a challenge to the consulate’s rejection of a visa application, amendment of the complaint is futile, and the plaintiffs motion is denied.
I-130 category Immediate relative Read by a model
The plaintiff, Xian Yong Zeng, is a United States citizen who resides in Elmhurst New York. His wife, Tie Liu, resides in China.

How the case ended

Docket
No. 1:16-cv-06996
Filed
December 19, 2016
Ended
July 20, 2017
Suit's filing to its end
213 days
How it ended
Ended once the agency acted
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.