Passim

Mandamus decisions / Southern District of New York

Qadar v. Dept. of Homeland Security

Southern District of New YorkKatherine Polk FaillaDecided March 24, 2021

Read the decisionOriginal on CourtListener

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What the decision decided

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Agency Department of State Read by a model
Since 2013, consular officials employed by the United States Department of State have denied requests from Plaintiff’s wife and children, who are citizens of and reside in the United Kingdom, for visas that would permit them to travel to the United States to visit Plaintiff.
Form or filing 221(g) (consular refusal); DS-160 (nonimmigrant visa) Read by a model
After the interview, John Doe #1 refused all three visa applications under Section 221(g) of the Immigration and Nationality Act (the “INA”), 8 U.S.C. § 1201(g), subject to additional administrative processing, on the basis that Plaintiff’s family members were ineligible for entry.
What the suit asked for Not recorded Read by a model
Kind of order A ruling on a motion or the petition Read by a model
For the reasons set forth below, the Court grants Defendants’ motion as to all Defendants apart from John Doe #1.
Motion decided Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim Read by a model
Now before the Court is Defendants’ motion to dismiss the Second Amended Complaint
Whose motion The government's motion Read by a model
Now before the Court is Defendants’ motion to dismiss the Second Amended Complaint
Disposition Dismissed in part; some claims go on The government's motion to dismiss was granted in part: some claims were dismissed and others go on. Read by a model
Prevailing party Each side in part Read by a model
The other claims Some dismissed, some go on Read by a model
The claims against the Secretary of State and the Department of State must be dismissed for lack of subject matter jurisdiction. The Court does not resolve the claim against John Doe #1 at this time, as discussed infra.
Months pending 26.4 months from the application to the agency's action Read by a model
on September 8, 2015, a consular officer notified Fahmeeda, Abu Baker, and Juwairiah that their visa applications had been denied under Section 212(a)(3)(B) of the INA
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Consular nonreviewability applied Read by a model
In any event, Plaintiff’s challenges to the visa denials under the APA and RFRA fall outside the exception to consular non-reviewability for constitutional claims, and thus are non-cognizable.
Nationality United Kingdom Read by a model
Plaintiff’s wife and children are citizens of the United Kingdom.

How the case ended

This decision is not linked to a docket in the docket record yet, so how the case ended is not shown.

Supreme Court and Second 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.