Mandamus decisions / District of Minnesota
Awal v. United States Department of State
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.
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
On February 8, 2023, Mr. Bashiir had a visa interview with the State Department. |
|---|---|
| Form or filing |
221(g) (consular refusal); DS-260 (immigrant visa)
Read by a model
In her complaint, Plaintiff Ifrah Muhumed Awal alleges that Defendants1 have violated the Administrative Procedure Act by unreasonably delaying making a final ruling on her husband’s immigrant visa petition. |
| What the suit asked for |
Finish 221(g) processing
Read by a model
Ms. Awal seeks to compel Defendants to adjudicate Mr. Bashiir’s visa petition through a writ of mandamus, and declaratory and injunctive relief. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
For the reasons set forth above, IT IS HEREBY ORDERED THAT Defendants’ Motion to Dismiss (Doc. 8) is GRANTED IN PART and DENIED IN PART. |
| Motion decided |
Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim
Read by a model
Defendants bring their motion to dismiss under Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure. |
| Whose motion |
The government's motion
Read by a model
Defendants move to dismiss Ms. Awal’s complaint for failure to state a claim. |
| Disposition |
Dismissed in part; some claims go on
The government's motion to dismiss was granted in part: some claims were dismissed and others go on.
Read by a model
Plaintiff’s unreasonable- delay claim under the APA and Mandamus Act in the First Claim for Relief is DISMISSED insofar as it is based on Defendants’ alleged use of CARRP. Otherwise, Defendants’ motion is DENIED. |
| Prevailing party |
Each side in part
Read by a model
Plaintiff’s unreasonable- delay claim under the APA and Mandamus Act in the First Claim for Relief is DISMISSED insofar as it is based on Defendants’ alleged use of CARRP. Otherwise, Defendants’ motion is DENIED. |
| The delay claim |
The delay claim goes on
Read by a model
Plaintiff’s unreasonable- delay claim under the APA and Mandamus Act in the First Claim for Relief is DISMISSED insofar as it is based on Defendants’ alleged use of CARRP. Otherwise, Defendants’ motion is DENIED. |
| The other claims |
Dismissed
Read by a model
Plaintiff’s due process claim in the Second Claim for Relief is DISMISSED. Plaintiff’s unreasonable- delay claim under the APA and Mandamus Act in the First Claim for Relief is DISMISSED insofar as it is based on Defendants’ alleged use of CARRP. |
| Months pending |
56.1 months from the application to the court's decision
Read by a model
To that end, Awal filed a visa application for Bashiir on April 2, 2020. |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings |
Section 1252(a)(2)(B) bar applied; Duty to re-adjudicate a 221(g) refusal found
Read by a model
The Court cannot provide that relief, regardless of the outcome of Plaintiff’s unreasonable-delay claims. See 8 U.S.C. § 1252(a)(2)(B)(ii) |
| Nationality |
Somalia
Read by a model
who is married to a Somali man named Ibraam Abdi Bashiir. |
| I-130 category |
Immediate relative
Read by a model
Ifrah Muhumed Awal is a United States citizen,2 who is married to a Somali man named Ibraam Abdi Bashiir. |
How the case ended
- Docket
- No. 0:24-cv-00382
- On the docket
- This ruling (ECF 21), deciding the motion (ECF 8)
- Filed
- February 8, 2024
- Ended
- January 31, 2025
- Suit's filing to its end
- 358 days
- How it ended
- Ended once the agency acted
- From the record
- idb disp 12 (dismissed: voluntarily)
A voluntary or stipulated dismissal is how most suits end once the agency acts; the docket rarely says why.
The ruling's entry is the docket's one order or judgment entered the day of the decision, and the motion number is read from that entry's text. Both come from CourtListener's copy of the docket; check them there.
Supreme Court and Eighth 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.
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Kucana v. Holder, 558 U.S. 233
Supreme Court, January 20, 2010. Section 1252(a)(2)(B)(ii) bars review only of decisions whose discretionary character is specified by statute, not discretion the agency gives itself by regulation.
ImmCite: treatment available, history exists, not clearance
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Patel v. Garland, 596 U.S. 328
Supreme Court, May 16, 2022. Section 1252(a)(2)(B)(i) bars review of any judgment regarding the granting of the listed forms of relief, including the factual findings on which a denial of adjustment rests.
ImmCite: treatment available, history exists, not clearance
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Bouarfa v. Mayorkas, 604 U.S. 6
Supreme Court, December 10, 2024. Revoking an approved visa petition under § 1155 is a discretionary decision or action that § 1252(a)(2)(B)(ii) places beyond judicial review.
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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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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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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Thigulla v. Jaddou, 94 F.4th 770
Eighth Circuit, March 5, 2024. Section 1252(a)(2)(B)(ii) and § 1255(a) bar review of USCIS's decision to delay adjudicating adjustment applications under its adjudication hold policy, so the district court lacked jurisdiction.
ImmCite: treatment available, history exists, not clearance. ImmCite has read all 7 published decisions citing this case, as of 2026-11-13; none treats it adversely. That describes those decisions; it is not a determination that the case is good law.
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Doan v. INS, 160 F.3d 508
Eighth Circuit, February 5, 1999. Decisions excluding noncitizens abroad are not reviewable without a clear statutory grant, and an overseas INS director deciding admissibility is the functional equivalent of a consular officer.
ImmCite: treatment available, history exists, not clearance. ImmCite has read all 2 published decisions citing this case, as of 2026-11-13; none treats it adversely. That describes those decisions; it is not a determination that the case is good law.
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Eighth Circuit, December 21, 2018. The Eighth Circuit applies the TRAC factors to a petition to compel delayed agency action.
ImmCite: unchecked, treatment not confirmed yet, not evidence either way. ImmCite has not finished reviewing this published circuit decision, so it shows no signal yet. Its review began with circuit decisions in immigration cases and is being extended to the other published circuit decisions that immigration precedent relies on. Read the decisions…