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Mandamus decisions / Southern District of Florida

Luis Reyes v. GARLAND

Southern District of FloridaJonathan GoodmanDecided October 21, 2024

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
On November 2, 2022, the State Department conducted Reyes’ visa interview.
Form or filing 221(g) (consular refusal); DS-260 (immigrant visa) Read by a model
the adjudication of his DS-260 immigrant visa application
What the suit asked for Finish 221(g) processing Read by a model
what Plaintiffs request this Court to compel is not an adjudication, but rather a re-adjudication of the visa application through judicial review of the refusal.
Kind of order A magistrate judge's recommendation Read by a model
RESPECTFULLY RECOMMENDED in Chambers, in Miami, Florida, on October 21, 2024.
Motion decided Motion to dismiss for failure to state a claim Read by a model
Defendants move to dismiss pursuant to both Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6).
Whose motion The government's motion Read by a model
Defendants move to dismiss pursuant to both Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6).
Disposition Magistrate judge's recommendation A magistrate judge's report and recommendation. The district judge decides whether to adopt it, so it is not counted as either side's win. Read by a model
RESPECTFULLY RECOMMENDED in Chambers, in Miami, Florida, on October 21, 2024.
Prevailing party Neither side Read by a model
RESPECTFULLY RECOMMENDED in Chambers, in Miami, Florida, on October 21, 2024.
The delay claim Dismissed Read by a model
Because Plaintiffs failed to identify a non-discretionary duty to act on an already refused visa application, the Undersigned respectfully recommends that Judge Williams dismiss the Complaint [ECF No. 1].
Months pending 23.6 months from the application to the court's decision Read by a model
On November 2, 2022, the State Department conducted Reyes’ visa interview.
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 prioritiesfavors the government
  • 5. Interests prejudicedfavors the applicant
  • 6. No impropriety neededneutral
Read by a model
In sum, the first and second factors weigh in favor of the Government.
The government's delay arguments Line-jumping accepted Read by a model
Moreover, “[a] court should not compel agency action where the result would be merely to expedite the consideration of a plaintiff’s request ahead of others.”
Threshold rulings Consular nonreviewability rejected; No duty to re-adjudicate a 221(g) refusal Read by a model
Therefore, the consular non-reviewability doctrine is inapplicable here.
I-130 category Immediate relative Read by a model
adjudication of a US citizen parent’s visa (also known as an IR5 visa)

How the case ended

This decision is not linked to a docket in the docket record yet, so how the case ended is not shown.

Supreme Court and Eleventh 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.