Passim

Mandamus decisions / Southern District of New York

Hettiarachchige v. Bitter

Southern District of New YorkDenise L. CoteDecided December 16, 2022No. 1:22-cv-03622

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.

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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
Plaintiffs argue that consular nonreviewability does not apply when an applicant seeks to have the State Department adjudicate an application when the State Department has refused to do so, which Plaintiffs assert is distinguishable from a challenge to the denial of a visa application.
Form or filing 221(g) (consular refusal); DS-260 (immigrant visa) Read by a model
Liyanaralalage attended the immigrant visa interview at the U.S. Consulate in Colombo, Sri Lanka (“Sri Lanka Consulate”). Her visa application was refused.
What the suit asked for Finish 221(g) processing Read by a model
Plaintiffs filed this mandamus action on May 5, 2022, requesting that the Court order Defendants to adjudicate Ms. Liyanaralalage’s visa application.
Kind of order A ruling on a motion or the petition Read by a model
Defendants’ July 13 motion to dismiss is granted.
Motion decided Motion to dismiss for lack of jurisdiction Read by a model
On July 13, Defendants moved to dismiss the complaint under Rules 12(b)(1) and 12(b)(6), Fed. R. Civ. P.
Whose motion The government's motion Read by a model
Defendants’ July 13 motion to dismiss is granted.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
Defendants’ July 13 motion to dismiss is granted. The Clerk of Court is directed to enter judgment for Defendants and close the case.
Prevailing party Government Read by a model
The Clerk of Court is directed to enter judgment for Defendants and close the case.
The delay claim Dismissed Read by a model
The motion to dismiss is granted. Here, Plaintiffs ask the Court to compel the adjudication of Ms. Liyanaralalage’s visa application. Under the doctrine of consular nonreviewability, the Court is without jurisdiction to do so.
Months pending 33.6 months from the application to the suit; 41 months from the application to the court's decision Read by a model
The application was received on July 18, 2019.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Consular nonreviewability applied Read by a model
Under the doctrine of consular nonreviewability, the Court is without jurisdiction to do so.
Nationality Sri Lanka Read by a model
Liyanaralalage, a Sri Lankan citizen.
I-130 category Immediate relative Read by a model
Mr. Hettiarachchige is a U.S. citizen and spouse of Ms. Liyanaralalage, a Sri Lankan citizen.

How the case ended

Docket
No. 1:22-cv-03622
Filed
May 4, 2022
Ended
December 16, 2022
Suit's filing to its end
226 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 14, 2026. Check the current status before relying on one.