Mandamus decisions / District of New Jersey
CHITSAZAN v. ALLEN
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 12, 2024, the U.S. Embassy in Armenia conducted interviews of Mrs. Bagherpour and Mr. Chitsazan where a consular officer reviewed their cases. |
|---|---|
| Form or filing |
221(g) (consular refusal); DS-260 (immigrant visa)
Read by a model
Count One alleges that “[p]ursuant to the INA, 8 U.S.C. §§ 1153(a) and 1202(b), and the regulations governing immigrant visa applications, Defendants have a nondiscretionary duty to review and adjudicate Plaintiff’s family’s visa applications.” |
| What the suit asked for |
Finish 221(g) processing
Read by a model
In his Opposition, Plaintiff argues Defendants misunderstand the nature of his Complaint, insofar as he “does not seek to challenge the denial of a visa” but rather requests that the Court compel Defendants to conclude the administrative process. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
Accordingly, Defendants’ Motion to Dismiss is GRANTED. |
| Motion decided |
Motion to dismiss for lack of jurisdiction
Read by a model
On January 29, 2025, in lieu of an answer, Defendants moved to dismiss Plaintiff’s claims for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1) and failure to state a claim pursuant to 12(b)(6). |
| Whose motion |
The government's motion
Read by a model
The current matter comes before the Court on Defendants’ David Allen and Antony Blinken (collectively, “Defendants”) motion to dismiss Plaintiff Nima Chitsazan’s (“Plaintiff”) Complaint. |
| Disposition |
Dismissed
The case or every delay claim was dismissed for a reason other than mootness.
Read by a model
Accordingly, Defendants’ Motion to Dismiss is GRANTED. |
| Prevailing party |
Government
Read by a model
Accordingly, Defendants’ Motion to Dismiss is GRANTED. |
| The delay claim |
Dismissed
Read by a model
consular non-reviewability doctrine operates to shield the decision from judicial review by stripping the Court of subject matter jurisdiction. |
| The other claims |
Dismissed
Read by a model
Accordingly, Defendants’ Motion to Dismiss is GRANTED. |
| Months pending |
7 months from the application to the suit; 19.6 months from the application to the court's decision
Read by a model
On February 12, 2024, the U.S. Embassy in Armenia conducted interviews of Mrs. Bagherpour and Mr. Chitsazan where a consular officer reviewed their cases. |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings |
Consular nonreviewability applied
Read by a model
consular non-reviewability doctrine operates to shield the decision from judicial review by stripping the Court of subject matter jurisdiction. |
| I-130 category |
Immediate relative
Read by a model
Plaintiff, a U.S. citizen, filed visa petitions with the United States Citizenship and Immigration Service (“USCIS”) for his mother, Masoumeh Bagherpour (“Mrs. Bagherpour”), and his father, Ali Chitsazan (“Mr. Chitsazan”), in February of 2022. |
How the case ended
- Docket
- No. 2:24-cv-09112
- Filed
- September 12, 2024
- Ended
- September 30, 2025
- Suit's filing to its end
- 383 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 Third 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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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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Oil, Chemical & Atomic Workers Union v. OSHA, 145 F.3d 120
Third Circuit, March 16, 1998. The Third Circuit weighs the TRAC factors in deciding whether to compel agency action that has been unreasonably delayed.
ImmCite: treatment available, history exists, not clearance. ImmCite has read the one published decision citing this case, as of 2026-11-03; it does not treat the case adversely. That describes that decision; it is not a determination that the case is good law.
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Geda v. Director, USCIS, 126 F.4th 835
Third Circuit, January 23, 2025. Section 1255(a) commits both the adjustment decision and the process and pace for reaching it to the Secretary's discretion, so § 1252(a)(2)(B)(ii) strips district courts of jurisdiction over challenges to USCIS's adjudication hold policy and § 1252(a)(2)(D) does not restore it.
ImmCite: treatment available, history exists, not clearance