Passim

Mandamus decisions / Eastern District of New York

Salim v. Garland

Eastern District of New YorkDora Lizette IrizarryDecided September 16, 2024No. 1:23-cv-05325

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
Defendants contend that the security screening has concluded and the U.S. Consulate General in Turkey is waiting for Plaintiff to submit his passport.
Form or filing 221(g) (consular refusal); DS-160 (nonimmigrant visa) Read by a model
on August 4, 2022, a consular officer in Istanbul refused Plaintiff’s F-1 visa application pursuant to the Immigration and Nationality Act (“INA”) § 221(g)
What the suit asked for Finish 221(g) processing Read by a model
Thus, he asks this Court to compel adjudication of his F-1 visa application.
Kind of order A ruling on a motion or the petition Read by a model
Defendants’ motion to dismiss is granted for lack of subject matter jurisdiction, leave to amend the complaint is denied as futile, and this case is dismissed in its entirety with prejudice.
Motion decided Motion to dismiss for lack of jurisdiction Read by a model
For the reasons set forth above, Defendants’ motion to dismiss is granted for lack of subject matter jurisdiction, leave to amend the complaint is denied as futile, and this case is dismissed in its entirety with prejudice.
Whose motion The government's motion Read by a model
Defendants moved to dismiss the complaint pursuant to Federal Rule of Civil Procedure 12(b) for improper venue, lack of subject matter jurisdiction, and failure to state a claim.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
For the reasons set forth above, Defendants’ motion to dismiss is granted for lack of subject matter jurisdiction, leave to amend the complaint is denied as futile, and this case is dismissed in its entirety with prejudice.
Prevailing party Government Read by a model
For the reasons set forth above, Defendants’ motion to dismiss is granted for lack of subject matter jurisdiction, leave to amend the complaint is denied as futile, and this case is dismissed in its entirety with prejudice.
The delay claim Dismissed Read by a model
Defendants’ motion to dismiss is granted for lack of subject matter jurisdiction, leave to amend the complaint is denied as futile, and this case is dismissed in its entirety with prejudice.
The other claims Dismissed Read by a model
However, Plaintiff is neither an American citizen nor a legal resident, and, thus, the exception does not apply. Accordingly, the Court lacks subject matter jurisdiction over this case.
Months pending 27.2 months from the application to the court's decision Read by a model
On June 10, 2022, Plaintiff applied for an F-1 nonimmigrant student visa.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Consular nonreviewability applied Read by a model
The Court need not address Defendants’ other arguments because the doctrine of consular nonreviewability bars judicial review of this case.
Nationality Bangladesh Read by a model
Plaintiff is a citizen of Bangladesh residing in Turkey.

How the case ended

Docket
No. 1:23-cv-05325
Filed
July 12, 2023
Ended
September 17, 2024
Suit's filing to its end
433 days
How it ended
Dismissed on jurisdiction or the merits
From the record
order 2024-09-16 dismisses for want of jurisdiction; 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.