Mandamus decisions / Middle District of Florida

Kodra v. Secretary

Middle District of FloridaHoneywellDecided November 6, 2012No. 6:12-cv-00693

Read the decisionOriginal on CourtListener

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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 Department of State Read by a model
Defendant John Doe is the Immigrant Visa Unit Officer employed by the DOS who reviewed Plaintiffs’ Visa Application.
Form or filing DS-230 Read by a model
Around November 2010, Plaintiffs submitted Form DS-230, the Application for Immigrant Visa and Alien Registration (‘Visa Application”) for Engjell Kodra on the basis of the approved 1-130 Petition.
What the suit asked for Decide the application Read by a model
In filing their Complaint, Plaintiffs explicitly seek adjudication of the allegedly pending Visa Application.
Kind of order A ruling on a motion or the petition Read by a model
Defendants’ Motion to Dismiss Complaint (Doc. 17) is GRANTED.
Motion decided Motion to dismiss for lack of jurisdiction Read by a model
This cause comes before the Court upon Defendants’ Motion to Dismiss Complaint for Lack of Jurisdiction (“Motion to Dismiss”) (Doc. 17).
Whose motion The government's motion Read by a model
Defendants’ Motion to Dismiss Complaint (Doc. 17) is GRANTED.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
Accordingly, the Court finds that this action is moot and it will be dismissed.
Prevailing party Government Read by a model
Accordingly, the Court finds that this action is moot and it will be dismissed.
The delay claim Moot: the agency acted Read by a model
Accordingly, the Court finds that this action is moot and it will be dismissed.
The other claims Dismissed Read by a model
Pursuant to the doctrine of consular nonreviewability, particularly in light of the Eleventh Circuits decision in De Castro, the Court lacks jurisdiction to review the denial of the Visa Application.
Months pending 17.7 months from the application to the suit; 16.4 months from the application to the agency's action Read by a model
on March 27, 2012, a consular officer notified Plaintiff Engjell Kodra that he had been found ineligible to receive a visa pursuant to 8 U.S.C. § 1182(a)(6)(C)(i)
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Consular nonreviewability applied; Held moot Read by a model
Pursuant to the doctrine of consular nonreviewability, particularly in light of the Eleventh Circuits decision in De Castro, the Court lacks jurisdiction to review the denial of the Visa Application.
Nationality Albania Read by a model
Plaintiff Engjell Kodra is a citizen of Albania, residing in Albania.
I-130 category Immediate relative Read by a model
Plaintiff Leonard Kodra is a United States citizen who is presently residing in *1325 Ocoee, Florida. Doc. 1, ¶ 1. On June 7, 2010, Leonard Kodra filed a Form 1-130, Petition for Alien Relative, on behalf of his seventy-three year-old father

How the case ended

Docket
No. 6:12-cv-00693
Filed
May 8, 2012
Ended
November 7, 2012
Suit's filing to its end
183 days
How it ended
Ended once the agency acted
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.

Supreme Court and Eleventh 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.