Mandamus decisions / District of Columbia
Faizi v. Garland
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
Almost two years later, the Department of State denied Plaintiff’s request because it “lack[ed] sufficient documents to make a determination.” |
|---|---|
| Form or filing |
DS-260 (immigrant visa)
Read by a model
Plaintiff has for several years sought COM approval for a Special Immigrant VISA (“SIV”) under the AAPA. |
| What the suit asked for |
Decide the application
Read by a model
to adjudicate his visa application. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
Defendants’ Motion to Dismiss is GRANTED IN PART AND DENIED IN PART. |
| Motion decided |
Motion to dismiss for lack of jurisdiction; Other motion to dismiss
Read by a model
Rule of Civil Procedure 12(b)(1). Plaintiff opposes Defendants’ first-to-file argument but does not dispute their Rule 12(b)(1) argument. |
| Whose motion |
The government's motion
Read by a model
Defendants moved to dismiss Plaintiff’s complaint under the first-to-file rule |
| Disposition |
Dismissed in part; some claims go on
The government's motion to dismiss was granted in part: some claims were dismissed and others go on.
Read by a model
the Court grants Defendants’ motion to stay, grants their motion to dismiss in part with respect to dismissing defendants Garland and Wray, and denies their motion to dismiss in part on all other grounds. |
| Prevailing party |
Each side in part
Read by a model
the Court grants Defendants’ motion to stay, grants their motion to dismiss in part with respect to dismissing defendants Garland and Wray, and denies their motion to dismiss in part on all other grounds. |
| The delay claim |
The delay claim goes on
Read by a model
the Court grants Defendants’ motion to stay, grants their motion to dismiss in part with respect to dismissing defendants Garland and Wray, and denies their motion to dismiss in part on all other grounds. |
| The other claims |
The delay claim goes on
Read by a model
the Court grants Defendants’ motion to stay, grants their motion to dismiss in part with respect to dismissing defendants Garland and Wray, and denies their motion to dismiss in part on all other grounds. |
| Months pending |
40.1 months from the application to the court's decision
Read by a model
He first applied on August 8, 2021, basing his eligibility on his employment as a driver for the U.S. State Department at the Justice Center in Parwan, Afghanistan. |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings | None Read by a model |
| Nationality |
Afghanistan
Read by a model
Hashmatullah Faizi (“Plaintiff”), an Afghan citizen proceeding pro se |
How the case ended
- Docket
- No. 1:24-cv-00839
- Filed
- March 22, 2024
- Ended
- December 11, 2024
- Suit's filing to its end
- 264 days
- How it ended
- Ended, outcome not recorded
- From the record
- idb disp 6 (judgment: motion before trial), judgment for both
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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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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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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In re Core Communications, Inc., 531 F.3d 849
D.C. Circuit, July 8, 2008. Mandamus to compel unreasonably delayed agency action is an extraordinary remedy guided by the TRAC factors, granted here after years of unexplained delay.
ImmCite: treatment available, history exists, not clearance