Mandamus decisions / Southern District of Texas
Ahmed v. Bitter
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
He brought this lawsuit to compel the United States Department of State to schedule a consular interview related to his I-824 petition for his wife to join him here. |
|---|---|
| Form or filing |
DS-260 (immigrant visa)
Read by a model
Plaintiff thus filed this lawsuit to compel the Government to schedule the interview and adjudicate his wife’s immigrant visa application. |
| What the suit asked for |
Decide the application
Read by a model
Plaintiff in this action seeks an order—as in now, immediately—that would compel the Government to adjudicate his wife’s immigrant visa application. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
The motion for summary judgment is GRANTED IN PART. |
| Motion decided |
Motion to dismiss for lack of jurisdiction; Summary judgment
Read by a model
Their motion to dismiss for lack of subject-matter jurisdiction is denied, but their motion in the alternative for summary judgment is granted. |
| Whose motion |
The government's motion
Read by a model
The Government moves to dismiss for lack of subject-matter jurisdiction or, in the alternative, for summary judgment. |
| Disposition |
Dismissed
The case or every delay claim was dismissed for a reason other than mootness.
Read by a model
This action is DISMISSED WITHOUT PREJUDICE. |
| Prevailing party |
Government
Read by a model
The motion for summary judgment by the Government will be granted as to the relief requested under the APA. |
| The delay claim |
Relief denied
Read by a model
The motion for summary judgment by the Government will be granted as to the relief requested under the APA. |
| Months pending |
36 months from the application to the court's decision
Read by a model
Less than three years have passed since Plaintiff’s I- 824 application was approved in August 2021. |
| TRAC factors |
The court weighed the TRAC factors
As to the first factor, the Government has identified a rule of reason by which it governs the timing of processing immigrant visa cases. |
| The government's delay arguments |
First-in, first-out processing accepted; Line-jumping accepted
Read by a model
And that is, it systematically processes applications according to its foreign policy priorities and the timing of when the case documents are complete for each application. |
| Threshold rulings |
APA adequate-remedy bar applied (mandamus claim fails)
Read by a model
It’s determined above that jurisdiction exists over Plaintiff’s claim for relief under §706(1) of the APA. Other adequate remedy thus exists. |
Other orders in this case
The group holds 2 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 |
|---|---|---|---|
| Ahmed v. BitterThis decision | March 28, 2024 | Charles Eskridge | Dismissed |
| Ahmed v. BitterThe case's latest decision: its outcome is the one counted | March 28, 2024 | Charles Eskridge | Dismissed |
How the case ended
- Docket
- No. 4:22-cv-02474
- Filed
- July 26, 2022
- Ended
- March 28, 2024
- Suit's filing to its end
- 611 days
- How it ended
- Dismissed on jurisdiction or the merits
- From the record
- order 2024-03-28 dismisses for want of jurisdiction; 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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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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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.