Mandamus decisions / District of Colorado
Sundlof v. National Visa Center, U.S Department of State
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.
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 |
National Visa Center
Read by a model
Plaintiffs contend that the National Visa Center has unreasonably delayed scheduling Plaintiff Ogbede’s interview, in violation of the Administrative Procedure Act (APA), 5 U.S.C. §§ 551-559. |
|---|---|
| Form or filing |
DS-260 (immigrant visa)
Read by a model
According to the Complaint, the Petition was approved in March 2023, after which it was transferred to the National Visa Center, “where it is still pending with constant, relentless, and nonstop delays.” |
| What the suit asked for |
Schedule an interview
Read by a model
Consequently, Plaintiffs seek mandamus relief “to compel [D]efendant[] to perform a duty owed to [P]laintiff[s]”; namely, to “set the matter for an interview.” |
| Kind of order |
A ruling on a motion or the petition
Read by a model
Defendant’s Motion to Dismiss [#13] is GRANTED; |
| Motion decided |
Motion to dismiss for lack of jurisdiction
Read by a model
Defendant seeks dismissal under Fed. R. Civ. P. 12(b)(1) |
| Whose motion |
The government's motion
Read by a model
This matter is before the Court on Defendant’s Motion to Dismiss [#13]. |
| Disposition |
Dismissed
The case or every delay claim was dismissed for a reason other than mootness.
Read by a model
Plaintiffs’ Complaint [#1] is DISMISSED without prejudice for lack of subject matter jurisdiction; |
| Prevailing party |
Government
Read by a model
Defendant’s Motion to Dismiss [#13] is GRANTED; |
| The delay claim |
Dismissed
Read by a model
Plaintiffs’ Complaint [#1] is DISMISSED without prejudice for lack of subject matter jurisdiction; |
| Months pending |
10 months from the application to the court's decision
Read by a model
declaring that the Petition became documentarily complete on March 26, 2025, just 10 months ago |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| Threshold rulings | None Read by a model |
| Nationality |
Nigeria
Read by a model
Plaintiff Ogbede, a Nigerian national |
| I-130 category |
Immediate relative
Read by a model
If the Petition is approved, Plaintiff Ogbede, a Nigerian national, would receive a visa to come to the United States to be with her husband, a United States citizen. |
How the case ended
- Docket
- No. 1:25-cv-01902
- On the docket
- This ruling (ECF 23)
- Filed
- June 17, 2025
- Ended
- January 26, 2026
- Suit's filing to its end
- 223 days
- How it ended
- Dismissed on jurisdiction or the merits
- From the record
- idb disp 3 (dismissed: lack of jurisdiction)
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. Both come from CourtListener's copy of the docket; check them there.
Supreme Court and Tenth 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.
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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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Forest Guardians v. Babbitt, 174 F.3d 1178
Tenth Circuit, April 22, 1999. Missing a concrete statutory deadline is agency action unlawfully withheld that a court must compel, while without a deadline the question is unreasonable delay; the holding still binds in the Tenth Circuit.
ImmCite: caution, adverse or limiting treatment found. Not followed in the Ninth Circuit by Al Otro Lado v. Noem, 138 F.4th 1102 (2025).