Passim

Mandamus decisions / Southern District of New York

Waris v. Bitter

Southern District of New YorkJessica G. L. ClarkeDecided June 28, 2024No. 1:23-cv-09487

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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
The Government argues that the State Department has already acted in this case by refusing Farooq’s visa application pursuant to 8 U.S.C. § 1201(g).
Form or filing 221(g) (consular refusal); DS-260 (immigrant visa) Read by a model
Farooq’s interview for his immigrant visa was on March 6, 2023.
What the suit asked for Finish 221(g) processing Read by a model
Farooq’s visa application remains under administrative processing, and so Waris seeks an order directing Rena Bitter, Julie M. Stufft, and Andrew Schofer (collectively, “Defendants”) to adjudicate Farooq’s visa application and issue permission for Farooq to enter the United States.
Kind of order A ruling on a motion or the petition Read by a model
Accordingly, Defendants’ motion to dismiss under Rule 12(b)(1) is DENIED, the motion to dismiss under Rule 12(b)(6) is GRANTED, and the case is dismissed without prejudice.
Motion decided Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim Read by a model
Defendants’ motion to dismiss under Rule 12(b)(1) is DENIED, the motion to dismiss under Rule 12(b)(6) is GRANTED, and the case is dismissed without prejudice.
Whose motion The government's motion Read by a model
Defendants move to dismiss the Complaint in its entirety
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
the motion to dismiss under Rule 12(b)(6) is GRANTED, and the case is dismissed without prejudice
Prevailing party Government Read by a model
the motion to dismiss under Rule 12(b)(6) is GRANTED, and the case is dismissed without prejudice
The delay claim Dismissed Read by a model
Finally, the Court dismisses Waris’s claim of unreasonable delay under the APA.
Months pending 7.8 months from the application to the suit; 15.8 months from the application to the court's decision Read by a model
Farooq’s interview for his immigrant visa was on March 6, 2023.
TRAC factors The court weighed the TRAC factors
  • 1. Rule of reasonfavors the government
  • 2. Congressional timetablefavors the government
  • 3. Human health and welfarefavors the applicant
  • 4. Competing prioritiesneutral
  • 5. Interests prejudicedfavors the applicant
  • 6. No impropriety neededneutral
Read by a model
The first two TRAC factors, both relating to the reasonableness of delay, weigh in favor of the Government.
The government's delay arguments Line-jumping found neutral Read by a model
To summarize, the first and second TRAC factors favor the Government, the third and fifth TRAC factors favor Waris, and the fourth and sixth TRAC factors are neutral.
Threshold rulings Consular nonreviewability rejected; Mootness argument rejected; APA adequate-remedy bar applied (mandamus claim fails) Read by a model
The Court finds that the doctrine of consular nonreviewability does not bar this action and the action is not moot, because an applicant with a visa application in administrative processing has not yet received a final decision.
I-130 category Immediate relative Read by a model
Plaintiff Irum Waris, a citizen of the United States, filed a visa application for her husband Umer Farooq for entry into the United States.

How the case ended

Docket
No. 1:23-cv-09487
Filed
October 28, 2023
Ended
July 1, 2024
Suit's filing to its end
247 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.