Mandamus decisions / District of Nevada
Licea v. Pompeo
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 April 4, 2018, Flores appeared before a United States consular officer at the United States Consulate in Ciudad Juarez, Mexico, for an interview pertaining to Flores’s visa application. |
|---|---|
| Form or filing |
DS-260 (immigrant visa)
Read by a model
This is an action seeking mandamus under 28 U.S.C. § 1361 and declaratory relief under 28 U.S.C. § 2201 relating to the denial of an immigrant visa application. |
| What the suit asked for | Not recorded Read by a model |
| Kind of order |
A ruling on a motion or the petition
Read by a model
IT IS HEREBY ORDERED that Defendants’ Motion to Dismiss Amended Complaint, (ECF No. 15), is GRANTED. |
| Motion decided |
Motion to dismiss for failure to state a claim
Read by a model
In the instant Motion, Defendants move to dismiss both claims set forth in the FAC, (ECF No. 11), pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. |
| Whose motion |
The government's motion
Read by a model
In the instant Motion, Defendants move to dismiss both claims set forth in the FAC, (ECF No. 11), pursuant to Federal Rule of Civil Procedure 12(b)(6) for 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
IT IS FURTHER ORDERED that Plaintiff’s First Amended Complaint, (ECF No. 11), is DISMISSED without prejudice. |
| Prevailing party |
Government
Read by a model
IT IS HEREBY ORDERED that Defendants’ Motion to Dismiss Amended Complaint, (ECF No. 15), is GRANTED. |
| The other claims |
Dismissed
Read by a model
Accordingly, Defendants’ Motion to Dismiss Amended Complaint, (ECF No. 15), is GRANTED and Plaintiff’s Amended Complaint, (ECF No. 11), is DISMISSED without prejudice. |
| Months pending | Not stated Read by a model |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings |
Consular nonreviewability applied
Read by a model
Based on the foregoing, the Court finds that the visa denial was facially legitimate and bona fide and the decision will therefore not be disturbed. |
| Nationality |
Mexico
Read by a model
Eduardo Romero Flores is a Mexican citizen born on September 22, 1980. |
| I-130 category |
Immediate relative
Read by a model
On November 17, 2007, Plaintiff and Flores were married in Clark County, Nevada. |
How the case ended
- Docket
- No. 2:18-cv-01057
- Filed
- June 12, 2018
- Ended
- July 17, 2020
- Suit's filing to its end
- 766 days
- How it ended
- Dismissed, ground not recorded
- From the record
- idb disp 14 (dismissed: other)
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 Ninth 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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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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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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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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Allen v. Milas, 896 F.3d 1094
Ninth Circuit, July 24, 2018. The APA provides no avenue for review of a consular visa refusal beyond Mandel's facially-legitimate-and-bona-fide inquiry, and consular nonreviewability is not a jurisdictional bar.
ImmCite: treatment available, history exists, not clearance. ImmCite has read all 8 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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Sanchez Gonzalez v. United States Department of State, No. 23-4205 (9th Cir. Apr. 30, 2026)
Ninth Circuit, April 30, 2026. After Muñoz, a citizen spouse's own First Amendment interest triggered Mandel review, which a facially legitimate and bona fide reason satisfied absent a showing of bad faith.
ImmCite: unchecked, treatment not confirmed yet, not evidence either way. ImmCite has found no published decision citing this case as of 2026-10-18; it checks for new citing decisions daily. That is not a determination that the case is good law.
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Independence Mining Co. v. Babbitt, 105 F.3d 502
Ninth Circuit, January 23, 1997. Mandamus and APA § 706(1) claims to compel delayed agency action are analyzed alike under the TRAC factors.
ImmCite: treatment available, history exists, not clearance
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Vaz v. Neal, 33 F.4th 1131
Ninth Circuit, May 9, 2022. Section 706(1) compels only a clear, mandatory and discrete duty that has been unreasonably delayed under TRAC, and the APA's prerequisites go to the merits while § 1331 supplies jurisdiction.
ImmCite: unchecked, treatment not confirmed yet, not evidence either way. ImmCite has found no published decision citing this case as of 2026-11-10; it checks for new citing decisions daily. That is not a determination that the case is good law. The citation index lists 145 other decisions citing it, none a Supreme Court, BIA or Attorney General precedent or a published circuit opinion; ImmCite's status does not review them.