Passim

Mandamus decisions / Eastern District of North Carolina

Ali v. United States Department of State

Eastern District of North CarolinaJames C. Dever, IIIDecided June 8, 2023No. 5:23-cv-00032

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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.

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
There is no statutory or regulatory time frame within which the State Department must adjudicate visa applications.
Form or filing DS-260 (immigrant visa) Read by a model
After the NVC receives the Form I-130, the foreign citizen child must submit a DS-260—Immigrant Visa Electronic Application, the required supporting documents, and necessary fees to the NVC.
What the suit asked for Decide the application Read by a model
asking this court to issue a writ of mandamus compelling defendants to adjudicate his son’s visa petition [D.E. 1].
Kind of order A ruling on a motion or the petition Read by a model
As explained below, the court grants defendants’ motion to dismiss and dismisses without prejudice Ali’s complaint.
Motion decided Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim Read by a model
On March 31,2023, defendants moved to dismiss the complaint [D.E. 10] and filed amemorandum in support [D.E. 11]. See Fed. R. Civ. P. 12(b)(1), (©).
Whose motion The government's motion Read by a model
On March 31,2023, defendants moved to dismiss the complaint [D.E. 10]
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
In sum, the court GRANTS defendants’ motion to dismiss [D.E. 10] and DISMISSES WITHOUT PREJUDICE plaintiff's complaint [D.E. 1].
Prevailing party Government Read by a model
In sum, the court GRANTS defendants’ motion to dismiss [D.E. 10] and DISMISSES WITHOUT PREJUDICE plaintiff's complaint [D.E. 1].
The delay claim Dismissed Read by a model
the court GRANTS defendants’ motion to dismiss [D.E. 10] and DISMISSES WITHOUT PREJUDICE plaintiff's complaint [D.E. 1].
The other claims Dismissed Read by a model
the court GRANTS defendants’ motion to dismiss [D.E. 10] and DISMISSES WITHOUT PREJUDICE plaintiff's complaint [D.E. 1].
Months pending 18 months from the application to the court's decision Read by a model
Therefore, for the past approximately year and a half, Ali and his son have been waiting for an interview date or decision.
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 needednot reached
Read by a model
The first two factors favor the defendants.
The government's delay arguments Line-jumping accepted Read by a model
Accordingly, because Ali’s request means this court would have to move his son’s visa case ahead of other pending cases, this factor heavily favors the defendants.
Threshold rulings None Read by a model
Nationality Egypt Read by a model
Ali’s son, Abdelrahman Badry Soliman Badry, is a citizen and resident of Egypt.
I-130 category Family preference Read by a model
A United States citizen or lawful permanent resident seeking to sponsor their foreign adult child for an immigrant visa must file a Form I-130

How the case ended

Docket
No. 5:23-cv-00032
Filed
January 20, 2023
Ended
June 8, 2023
Suit's filing to its end
139 days
How it ended
Dismissed on jurisdiction or the merits
From the record
judgment 2023-06-08 for the defendants, ground not stated

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 Fourth 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.