Mandamus decisions / Western District of Pennsylvania
MYERS v. RUBIO
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 |
Department of State
Read by a model
While the DOS has discretion with respect to whether to grant or deny a visa application, it has a nondiscretionary duty to decide the application. |
|---|---|
| Form or filing |
221(g) (consular refusal); DS-160 (nonimmigrant visa)
Read by a model
On February 17, 2024, Plaintiffs submitted an Online Nonimmigrant Visa Application (“DS-160”). |
| What the suit asked for |
Finish 221(g) processing
Read by a model
Plaintiffs are effectively suing to compel a consular officer to make another final decision on their already refused visa application. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
For the foregoing reasons, the Court will grant Defendants’ motion and dismiss Plaintiffs’ complaint with prejudice. |
| Motion decided |
Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim
Read by a model
Defendants filed a motion (ECF No. 9) and supporting brief (ECF No. 10) seeking to dismiss Plaintiffs’ complaint. |
| Whose motion |
The government's motion
Read by a model
Defendants filed a motion (ECF No. 9) and supporting brief (ECF No. 10) seeking to dismiss Plaintiffs’ complaint. |
| Disposition |
Dismissed
The case or every delay claim was dismissed for a reason other than mootness.
Read by a model
For the foregoing reasons, the Court will grant Defendants’ motion and dismiss Plaintiffs’ complaint with prejudice. |
| Prevailing party |
Government
Read by a model
For the foregoing reasons, the Court will grant Defendants’ motion and dismiss Plaintiffs’ complaint with prejudice. |
| The delay claim |
Dismissed
Read by a model
For the foregoing reasons, the Court will grant Defendants’ motion and dismiss Plaintiffs’ complaint with prejudice. |
| Months pending |
9.1 months from the application to the suit; 14.2 months from the application to the court's decision
Read by a model
On February 17, 2024, Plaintiffs submitted an Online Nonimmigrant Visa Application (“DS-160”). |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| The government's delay arguments |
Line-jumping accepted
Read by a model
Doing so would only encourage more litigation and permit those with the resources to bring a lawsuit to cut the line ahead of applicants with visa applications that have been pending for an even longer period of time. |
| Threshold rulings |
Consular nonreviewability applied; No duty to re-adjudicate a 221(g) refusal
Read by a model
the Court would dismiss Plaintiffs’ complaint because the visa refusal is not subject to review under the doctrine of consular nonreviewability. |
| Nationality |
Iran
Read by a model
Danaei is an Iranian national and the primary applicant for the nonimmigrant visa application. |
How the case ended
- Docket
- No. 2:24-cv-01592
- Filed
- November 20, 2024
- Ended
- April 25, 2025
- Suit's filing to its end
- 156 days
- How it ended
- Dismissed on jurisdiction or the merits
- From the record
- idb disp 6 (judgment: motion before trial), judgment for defendant
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 Third 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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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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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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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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Oil, Chemical & Atomic Workers Union v. OSHA, 145 F.3d 120
Third Circuit, March 16, 1998. The Third Circuit weighs the TRAC factors in deciding whether to compel agency action that has been unreasonably delayed.
ImmCite: treatment available, history exists, not clearance. ImmCite has read the one published decision citing this case, as of 2026-11-03; it does not treat the case adversely. That describes that decision; it is not a determination that the case is good law.
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Geda v. Director, USCIS, 126 F.4th 835
Third Circuit, January 23, 2025. Section 1255(a) commits both the adjustment decision and the process and pace for reaching it to the Secretary's discretion, so § 1252(a)(2)(B)(ii) strips district courts of jurisdiction over challenges to USCIS's adjudication hold policy and § 1252(a)(2)(D) does not restore it.
ImmCite: treatment available, history exists, not clearance