Mandamus decisions / Southern District of New York
Kubanychbekov v. Blinken
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
Plaintiffs contend that the Department of State has failed to properly adjudicate their visa applications and ask the Court to compel them to do so. |
|---|---|
| Form or filing |
221(g) (consular refusal); DS-260 (immigrant visa)
Read by a model
Plaintiffs, Zhanybek Kubanychbekov and his wife, Asel Sagynbekova, filed this action alleging unreasonable delays in the administrative processing of their Diversity Visa applications |
| What the suit asked for |
Finish 221(g) processing
Read by a model
Plaintiffs have requested this Court grant a writ of mandamus “to compel Defendants to perform their duties and complete the background checks for, and adjudication of, Plaintiffs’” visa applications. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
For the foregoing reasons, the Court DISMISSES the petition for writ of mandamus as moot. |
| Motion decided | None Read by a model |
| Whose motion |
The plaintiff's motion
Read by a model
Plaintiffs have requested this Court grant a writ of mandamus “to compel Defendants to perform their duties and complete the background checks for, and adjudication of, Plaintiffs’” visa applications. |
| Disposition |
Dismissed as moot
Dismissed or denied as moot because the agency acted.
Read by a model
For the foregoing reasons, the Court DISMISSES the petition for writ of mandamus as moot. |
| Prevailing party |
Neither side
Read by a model
For the foregoing reasons, the Court DISMISSES the petition for writ of mandamus as moot. |
| The delay claim |
Moot: the agency acted
Read by a model
For the foregoing reasons, the Court DISMISSES the petition for writ of mandamus as moot. |
| Months pending |
13.4 months from the application to the suit; 7.4 months from the application to the agency's action
Read by a model
On September 13, 2023, the government informed Plaintiffs that their visa applications had been denied because the maximum number of visas had been reached for that fiscal year. |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings |
Held moot
Read by a model
Plaintiffs have not shown that there are any pending applications that the United States has a “clear and nondiscretionary duty to adjudicate,” which makes these claims moot. |
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 Second 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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American Academy of Religion v. Napolitano, 573 F.3d 115
Second Circuit, July 17, 2009. Where a visa refusal implicates U.S. citizens' First Amendment rights, Mandel review applies: the government must identify a properly construed statutory ground and the officer's reason to believe it applies, and the applicant must have a chance to rebut a knowing material-support charge.
ImmCite: treatment available, history exists, not clearance. ImmCite has read all 4 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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Chen v. Rubio, 158 F.4th 393
Second Circuit, October 29, 2025. After Muñoz, consular nonreviewability insulates relatives' visa refusals from a citizen sponsor's challenge, and the claims were properly dismissed with prejudice.
ImmCite: unchecked, treatment not confirmed yet, not evidence either way. ImmCite has found no published decision citing this case as of 2026-11-13; it checks for new citing decisions daily. That is not a determination that the case is good law. The citation index lists 5 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.