Mandamus decisions / District of Columbia
Afghan and Iraqi Allies v. Pompeo
Read the decisionOriginal on CourtListener
2,914 written decisions from 2,661 cases in the whole mandamus and agency-delay group, the group's newest decided October 30, 2026. Updated November 3, 2026 at 1:24 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 1,606 public decisions since January 1, 2025 that a CourtListener and GovInfo search for mandamus and agency delay finds, Passim holds 1,371 (85%), measured November 3, 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
In response to various threats and acts of violence, Plaintiffs submitted Special Immigrant Visa (“SIV”) applications to the U.S. Department of State, seeking lawful admission into the United States. |
|---|---|
| Form or filing |
221(g) (consular refusal); DS-260 (immigrant visa)
Read by a model
In response to various threats and acts of violence, Plaintiffs submitted Special Immigrant Visa (“SIV”) applications to the U.S. Department of State, seeking lawful admission into the United States. |
| What the suit asked for |
Decide the application
Read by a model
Plaintiffs seek final adjudication of their applications; not a specific outcome. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
Upon consideration of Defendants’ motion and the parties’ briefs in support thereof and in opposition thereto, and for the reasons set forth below, the motion is hereby DENIED. |
| Motion decided |
Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim
Read by a model
Defendants have moved, pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6), to partially dismiss Plaintiffs’ Amended Complaint for lack of subject matter jurisdiction and failure to state a claim. |
| Whose motion |
The government's motion
Read by a model
Defendants have moved, pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6), to partially dismiss Plaintiffs’ Amended Complaint for lack of subject matter jurisdiction and failure to state a claim. |
| Disposition |
Denied in the applicant's favor
The principal motion was denied in full: a motion to dismiss denied so the case goes on, or relief denied on the merits.
Read by a model
Defendants’ motion for partial dismissal of the Amended Complaint for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1), and for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6) is hereby DENIED. |
| Prevailing party |
Applicant
Read by a model
Defendants’ motion for partial dismissal of the Amended Complaint for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1), and for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6) is hereby DENIED. |
| The delay claim |
The delay claim goes on
Read by a model
Upon consideration of Defendants’ motion and the parties’ briefs in support thereof and in opposition thereto, and for the reasons set forth below, the motion is hereby DENIED. |
| The other claims |
Not decided here
Read by a model
(iii) compel Defendants to appoint two SIV coordinators. |
| Months pending |
56.5 months from the application to the suit; 64.2 months from the application to the court's decision
Read by a model
Mr. Doe-Alpha is an Afghan national who applied to the SIV program on September 25, 2013, following approximately two years of service to a United States government contractor. |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings |
Consular nonreviewability rejected; Mootness argument rejected; Duty to re-adjudicate a 221(g) refusal found
Read by a model
They do not seek judicial review of a consular decision, but instead seek a final decision on their applications. |
| Nationality |
Afghanistan
Read by a model
Mr. Doe-Alpha is an Afghan national |
Other orders in this case
The group holds 9 decisions from this suit, oldest first. Outcome counts on these pages count the case once, by its latest decision. How decisions are grouped into cases.
| Decision | Decided | Judge | Disposition |
|---|---|---|---|
| Afghan and Iraqi Allies v. PompeoThis decision | January 30, 2019 | Tanya S. Chutkan | Denied in the applicant's favor |
| Afghan and Iraqi Allies v. Pompeo | September 20, 2019 | Tanya S. Chutkan | Granted in part |
| Afghan and Iraqi Allies v. Pompeo | February 5, 2020 | Tanya S. Chutkan | Granted in the applicant's favor |
| Afghan and Iraqi Allies v. Pompeo | February 5, 2020 | Tanya S. Chutkan | Denied in the applicant's favor |
| Afghan and Iraqi Allies v. Blinken | November 30, 2022 | Tanya S. Chutkan | Granted in part |
| AFGHAN AND IRAQI ALLIES v. POMPEO | October 9, 2024 | Tanya S. Chutkan | Denied, neither side prevailed |
| Afghan and Iraqi Allies v. Pompeo | June 5, 2025 | Tanya S. Chutkan | Granted in part |
| Afghan and Iraqi Allies v. Pompeo | June 6, 2025 | Tanya S. Chutkan | Dismissed in part; some claims go on |
| Afghan and Iraqi Allies v. PompeoThe case's latest decision: its outcome is the one counted | February 6, 2026 | Tanya S. Chutkan | Granted in the applicant's favor |
How the case ended
- Docket
- No. 1:18-cv-01388
- Filed
- June 12, 2018
- Status
- Pending as of the last docket check
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 D.C. 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 3, 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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Saavedra Bruno v. Albright, 197 F.3d 1153
D.C. Circuit, December 3, 1999. Consular visa decisions are not subject to judicial review absent an express statutory grant, and the APA does not displace that doctrine.
ImmCite: treatment available, history exists, not clearance
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Baan Rao Thai Restaurant v. Pompeo, 985 F.3d 1020
D.C. Circuit, January 22, 2021. Consular nonreviewability bars a federal court from second-guessing a consular officer's decision to issue or withhold a visa, and dismissal on that ground is a merits ruling rather than a jurisdictional one.
ImmCite: treatment available, history exists, not clearance. ImmCite has read all 3 published decisions citing this case, as of 2026-10-29; none treats it adversely. That describes those decisions; it is not a determination that the case is good law.
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Pietersen v. Department of State, 138 F.4th 552
D.C. Circuit, May 30, 2025. Consular nonreviewability does not bar a forward-looking APA challenge to generally applicable State Department guidance, as distinct from review of an individual visa refusal.
ImmCite: unchecked, treatment not confirmed yet, not evidence either way. ImmCite has found no published decision citing this case as of 2026-11-03; it checks for new citing decisions daily. That is not a determination that the case is good law. The citation index lists 24 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.
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Telecommunications Research & Action Center v. FCC, 750 F.2d 70
D.C. Circuit, October 24, 1984. Whether agency delay is unreasonable turns on six factors: a rule of reason, any statutory timetable, the human welfare interests at stake, the effect of expediting on competing priorities, the interests prejudiced by delay, and no need to find impropriety.
ImmCite: treatment available, history exists, not clearance
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Mashpee Wampanoag Tribal Council, Inc. v. Norton, 336 F.3d 1094
D.C. Circuit, August 8, 2003. A claim that an agency has unreasonably delayed a matter arises under the APA and § 1331, and the TRAC factors decide whether the delay is unreasonable.
ImmCite: treatment available, history exists, not clearance
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Karimova v. Abate, No. 23-5178 (D.C. Cir. July 24, 2024) (unpublished judgment)
D.C. Circuit, July 24, 2024, nonprecedential. Neither § 555(b) nor any other law imposes a clear, nondiscretionary duty on a consular officer to re-adjudicate a visa application that was officially refused under § 1201(g) and placed in administrative processing, so mandamus and § 706(1) relief are unavailable.
ImmCite: not applicable, outside the precedential ImmCite corpus