Mandamus decisions / District of Connecticut
Khan v. United States Department of State
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
An order from this court pushing Ms. Khan’s visa case forward, at least in light of the significant and welldocumented COVID-induced backlog, would impact the State Department’s ability to determine its priorities. |
|---|---|
| Form or filing |
DS-260 (immigrant visa)
Read by a model
In turn, the plaintiff seeks various forms of relief regarding CARRP, including a judgment that CARRP violates the INA and APA; an injunction to prevent defendants from applying CARRP to Ms. Khan’s visa application; and an order rescinding CARRP. |
| What the suit asked for |
Decide the application
Read by a model
Issuing an order compelling adjudication of Ms. Khan’s visa, and thereby “moving [her] to the front of the queue”, would constitute, in this court’s view, interference with the visa-issuance process. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
For the reasons stated above, the defendants’ Motion to Dismiss (Doc. No. 11) is granted. |
| Motion decided |
Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim
Read by a model
For the reasons stated above, the defendants’ Motion to Dismiss (Doc. No. 11) is granted. |
| Whose motion |
The government's motion
Read by a model
On April 10, 2023, the defendants filed a Motion to Dismiss Mr. Khan’s Complaint. |
| Disposition |
Dismissed
The case or every delay claim was dismissed for a reason other than mootness.
Read by a model
The plaintiff’s Complaint is dismissed without prejudice. |
| Prevailing party |
Government
Read by a model
For the reasons stated above, the defendants’ Motion to Dismiss (Doc. No. 11) is granted. |
| The delay claim |
Dismissed
Read by a model
The defendants’ Motion to Dismiss Count One of plaintiff’s Complaint is therefore granted and Count One is dismissed without prejudice. |
| The other claims |
Dismissed
Read by a model
The defendants’ Motion to Dismiss Count Two of plaintiff’s Complaint is granted and Count Two is dismissed. |
| Months pending | Not stated Read by a model |
| TRAC factors |
The court weighed the TRAC factors
the first, second, and fourth factors weigh decisively in favor of the defendants, which would foreclose plaintiff’s unreasonable delay claim as pled. |
| The government's delay arguments |
First-in, first-out processing accepted; Line-jumping accepted
Read by a model
As other courts have held, the government applies a “rule of reason” to visa applications by adjudicating them in the order they were filed. |
| Threshold rulings |
Consular nonreviewability applied
Read by a model
The court therefore concludes that, under existing Second Circuit case law, the doctrine of consular nonreviewability bars its review of plaintiff’s unreasonable delay claim under the APA and Mandamus Act. |
| Nationality |
Pakistan
Read by a model
who is a citizen of Pakistan. |
How the case ended
- Docket
- No. 3:23-cv-00093
- Filed
- January 25, 2023
- Ended
- March 25, 2024
- Suit's filing to its end
- 425 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.
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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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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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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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American Academy of Religion v. Napolitano, 573 F.3d 115
Second Circuit, July 17, 2009. Where a visa refusal implicates U.S. citizens' First Amendment rights, Mandel review applies: the government must identify a properly construed statutory ground and the officer's reason to believe it applies, and the applicant must have a chance to rebut a knowing material-support charge.
ImmCite: treatment available, history exists, not clearance. ImmCite has read all 4 published decisions citing this case, as of 2026-10-29; none treats it adversely. That describes those decisions; it is not a determination that the case is good law.
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Chen v. Rubio, 158 F.4th 393
Second Circuit, October 29, 2025. After Muñoz, consular nonreviewability insulates relatives' visa refusals from a citizen sponsor's challenge, and the claims were properly dismissed with prejudice.
ImmCite: unchecked, treatment not confirmed yet, not evidence either way. ImmCite has found no published decision citing this case as of 2026-10-29; it checks for new citing decisions daily. That is not a determination that the case is good law. The citation index lists 7 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.