Passim

Mandamus decisions / District of Minnesota

Abdi v. Flake

District of MinnesotaJeffrey M. BryanDecided October 2, 2024No. 0:24-cv-00532

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.

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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 National Visa Center Read by a model
Upon determination by the NVC that the Form DS-260 is complete, it will schedule a consular interview with the foreign relative at the appropriate embassy.
Form or filing DS-260 (immigrant visa) Read by a model
On May 24, Abdi and Dadle submitted a Form DS-260 Immigrant Visa Application (Application) to USCIS.
What the suit asked for Schedule an interview Read by a model
Because the Abdi alleges nothing more than that “seven (7) months have passed since all required documents and filing fees were submitted, [and] Plaintiff’s spouse has not been scheduled for an interview yet” (Compl. ¶ 15)
Kind of order A ruling on a motion or the petition Read by a model
For the reasons explained below, the Court will grant Defendants’ motion and will dismiss this action.
Motion decided Motion to dismiss for failure to state a claim Read by a model
On a motion to dismiss brought under Federal Rule of Civil Procedure 12(b)(6), courts consider all facts alleged in the complaint to be true
Whose motion The government's motion Read by a model
Defendants now move to dismiss the Complaint in its entirety.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
Plaintiff Nurudiin Mohamud Abdi’s Complaint (Doc. No. 1) is dismissed in its entirety, without prejudice.
Prevailing party Government Read by a model
Defendants Jeffry Flake’s and Antony J. Blinken’s Motion to Dismiss (Doc. No. 5) is GRANTED;
The delay claim Dismissed Read by a model
For the reasons explained below, the Court will grant Defendants’ motion and will dismiss this action.
Months pending 16.3 months from the application to the court's decision Read by a model
USCIS approved it on May 2, 2023. (Id.) On May 24, Abdi and Dadle submitted a Form DS-260 Immigrant Visa Application (Application) to USCIS.
TRAC factors The court weighed the TRAC factors
  • 1. Rule of reasonfavors the government
  • 2. Congressional timetablenot reached
  • 3. Human health and welfarenot reached
  • 4. Competing prioritiesfavors the government
  • 5. Interests prejudicednot reached
  • 6. No impropriety needednot reached
Read by a model
Absent any allegation that NVC has deviated from this rule of reason, the Court concludes the Complaint has not alleged “enough fact[s] to raise a reasonable expectation that discovery will reveal evidence of [the claim].”
The government's delay arguments First-in, first-out processing accepted; Line-jumping accepted Read by a model
Given these cases, and because Abdi did not direct this Court to any contrary authority, USCIS’s decision to process applications and interviews in the order received complies with a rule of reason.
Threshold rulings None Read by a model
Nationality Somalia Read by a model
Abdi’s wife, Faiza Abdirahman Mohamed Dadle, is a citizen of Somalia.
I-130 category Immediate relative Read by a model
Abdi is a U.S. citizen. (Doc. No. 1 [hereinafter, “Compl.”] ¶¶ 4, 10.) Abdi’s wife, Faiza Abdirahman Mohamed Dadle, is a citizen of Somalia.

How the case ended

Docket
No. 0:24-cv-00532
On the docket
This ruling (ECF 13), deciding the motion (ECF 5)
Filed
February 20, 2024
Ended
October 2, 2024
Suit's filing to its end
225 days
How it ended
Dismissed, ground not recorded
From the record
idb disp 2 (dismissed: want of prosecution)

A voluntary or stipulated dismissal is how most suits end once the agency acts; the docket rarely says why. Other suits in this court.

The ruling's entry is the docket's one order or judgment entered the day of the decision, and the motion number is read from that entry's text. Both come from CourtListener's copy of the docket; check them there.

Supreme Court and Eighth 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.