Mandamus decisions / Southern District of Texas
Khosravi v. United States Department of State
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
Khosravi asks the court to compel the Department of State to readjudicate and grant his visa application within 60 days. |
|---|---|
| Form or filing |
221(g) (consular refusal); DS-160 (nonimmigrant visa)
Read by a model
He filed an E-2 Nonimmigrant Visa Application on October 25, 2023. |
| What the suit asked for |
Finish 221(g) processing
Read by a model
Khosravi asks the court to compel the Department of State to readjudicate and grant his visa application within 60 days. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
The government’s motion to dismiss is granted. |
| Motion decided |
Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim
Read by a model
The defendants have moved to dismiss the complaint under Rule 12(b)(1) on the basis of mootness and under Rule 12(b)(6) on the basis that the complaint does not plead a plausible claim of unreasonable delay. |
| Whose motion |
The government's motion
Read by a model
The defendants have moved to dismiss the complaint under Rule 12(b)(1) on the basis of mootness and under Rule 12(b)(6) on the basis that the complaint does not plead a plausible claim of unreasonable delay. |
| Disposition |
Dismissed as moot
Dismissed or denied as moot because the agency acted.
Read by a model
The record in this case shows that the consular officer refused to issue the visa that Khosravi sought. (Docket Entry No. 1 §§ 5-6). This was an adjudication of Khosravi’s visa application. |
| Prevailing party |
Neither side
Read by a model
This was an adjudication of Khosravi’s visa application. |
| The delay claim |
Moot: the agency acted
Read by a model
The record in this case shows that the consular officer refused to issue the visa that Khosravi sought. (Docket Entry No. 1 §§ 5-6). This was an adjudication of Khosravi’s visa application. |
| Months pending |
0.2 months from the application to the agency's action
Read by a model
A consular official at the U.S. Consulate General in Calgary conducted a visa interview on October 31, 2023—a week later. (Id. ¶ 4). At the end of that interview, the officer refused the application, under Section 221(g) of the Immigration and Nationality Act. |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings |
Held moot
Read by a model
The record in this case shows that the consular officer refused to issue the visa that Khosravi sought. (Docket Entry No. 1 §§ 5-6). This was an adjudication of Khosravi’s visa application. |
| Nationality |
Iran
Read by a model
Milad Khosravi, a dual citizen of Iran and Canada, currently resides in Canada. |
How the case ended
- Docket
- No. 4:24-cv-04221
- Filed
- October 31, 2024
- Ended
- April 2, 2025
- Suit's filing to its end
- 153 days
- How it ended
- Ended once the agency acted
- 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 Fifth 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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Centeno v. Shultz, 817 F.2d 1212
Fifth Circuit, June 1, 1987. Decisions of consular officers on visa applications are not reviewable by federal courts, and a denial under a ground that carries no waiver is subject to no review at all.
ImmCite: treatment available, history exists, not clearance
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Cheejati v. Blinken, 106 F.4th 388
Fifth Circuit, July 5, 2024. The pace at which USCIS adjudicates adjustment applications during visa retrogression is a discretionary action under § 1255(a) that § 1252(a)(2)(B)(ii) shields from review, agreeing with the Eighth Circuit's Thigulla.
ImmCite: treatment available, history exists, not clearance
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Mendoza-Tarango v. Flores, 982 F.3d 395
Fifth Circuit, December 8, 2020. A § 706(1) or mandamus claim requires a discrete, legally required action, and USCIS had no nondiscretionary duty to administer the naturalization oath at a prison.
ImmCite: unchecked, treatment not confirmed yet, not evidence either way. ImmCite has found no published decision citing this case as of 2026-11-01; it checks for new citing decisions daily. That is not a determination that the case is good law. The citation index lists 7 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.