Mandamus decisions / District of Kansas
Fareed v. United States Department of Homeland Security
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
Instead, the State Department defendants must schedule the interview. |
|---|---|
| Form or filing |
DS-260 (immigrant visa)
Read by a model
Then, plaintiffs filed an Application for Immigrant Visa and Alien registration (Form DS260) on plaintiff Raza’s behalf in September 2020. |
| What the suit asked for |
Schedule an interview
Read by a model
Plaintiffs ask the court to compel agency action—scheduling plaintiff Raza’s visa interview and adjudication of his application—under either the Administrative Procedures Act (APA) or by issuing a writ of mandamus. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
The court thus dismisses this case, without prejudice. |
| Motion decided |
Motion to dismiss for lack of jurisdiction
Read by a model
The court dismisses these remaining two defendants under Rule 12(b)(1) because, without standing, the court lacks subject matter jurisdiction over these defendants. |
| Whose motion |
The government's motion
Read by a model
Defendants filed two Motions to Dismiss (Doc. 13; Doc. 18). |
| Disposition |
Dismissed
The case or every delay claim was dismissed for a reason other than mootness.
Read by a model
The court thus dismisses this case, without prejudice. |
| Prevailing party |
Government
Read by a model
The court grants defendants’ Second Motion to Dismiss for Lack of Subject Matter Jurisdiction (Doc. 18), holding that plaintiffs failed to establish standing to sue the remaining two defendants: the United States Department of State and Antony Blinken, Secretary of State. |
| The delay claim |
Dismissed
Read by a model
The court dismisses plaintiffs’ claims against all remaining defendants for lack of standing under Rule 12(b)(1), and thus dismisses the case for lack of jurisdiction. |
| Months pending |
38.9 months from the application to the court's decision
Read by a model
Plaintiffs filed a DS-260 in September 2020. |
| TRAC factors | The court did not weigh the TRAC factors Read by a model |
| The government's delay arguments |
Visa availability accepted
Read by a model
So, even if the court were to compel the State Department to schedule an interview and adjudicate his application, plaintiff Raza currently cannot receive a visa. Without any avenue to secure a successful visa application, the court cannot redress plaintiffs’ injuries. |
| Threshold rulings | None Read by a model |
| Nationality |
Pakistan
Read by a model
The son—plaintiff Ammar Raza—is a citizen of Pakistan and is eligible for a family-based immigrant visa under the Immigration and Nationality Act (INA). |
| I-130 category |
Family preference
Read by a model
Plaintiff Raza qualifies under the INA as an unmarried child “of an alien lawfully admitted for permanent residence” in the F2A eligibility category. |
How the case ended
- Docket
- No. 2:23-cv-02006
- Filed
- January 5, 2023
- Ended
- December 12, 2023
- Suit's filing to its end
- 341 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.
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).