Mandamus decisions / Eastern District of New York
Khanom v. Kerry
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
The Department of State, through its consular officers, may then issue the immigrant visa to the applicant. |
|---|---|
| Form or filing |
DS-260 (immigrant visa); I-130 (relative petition)
Read by a model
Plaintiffs seek (1) a mandamus order compelling Defendants to act on a Petition for Alien Relative Form 1-130 and to act on and issue immigrant visas |
| What the suit asked for |
Some other action
Read by a model
The Mandamus and Venue Act cited by Plaintiffs does not create jurisdiction for the Court to compel the issuance of a visa. |
| Kind of order |
A ruling on a motion or the petition
Read by a model
For the foregoing reasons, the Court grants Defendants’ motion to dismiss Plaintiffs’ Amended Complaint for lack of subject matter jurisdiction. |
| Motion decided |
Motion to dismiss for lack of jurisdiction
Read by a model
Defendants moved to dismiss the action as moot and for lack of subject matter jurisdiction. |
| Whose motion |
The government's motion
Read by a model
Defendants moved to dismiss the action as moot and for lack of subject matter jurisdiction. |
| 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 grants Defendants’ motion to dismiss Plaintiffs’ Amended Complaint for lack of subject matter jurisdiction. |
| Prevailing party |
Government
Read by a model
For the foregoing reasons, the Court grants Defendants’ motion to dismiss Plaintiffs’ Amended Complaint for lack of subject matter jurisdiction. |
| The delay claim |
Dismissed
Read by a model
For the foregoing reasons, the Court grants Defendants’ motion to dismiss Plaintiffs’ Amended Complaint for lack of subject matter jurisdiction. |
| The other claims |
Dismissed
Read by a model
For the foregoing reasons, the Court grants Defendants’ motion to dismiss Plaintiffs’ Amended Complaint for lack of subject matter jurisdiction. |
| Months pending | Not stated at filing The agency acted before this decision, so the months up to the decision are not a delay and are not shown. Read by a model |
| 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
and a declaratory judgment that the Consul General’s previous denial of the visas was “without basis in fact or law,” the Court lacks subject matter jurisdiction to grant such relief. |
| Nationality |
Bangladesh
Read by a model
and three children (“the Beneficiaries”), all of whom are citizens of Bangladesh. |
| I-130 category |
Family preference
Read by a model
Khanom is a “lawfully admitted resident alien” of the United States who filed immi *571 grant visa applications and an accompanying Petition for Alien Relative Forms I-130 (the “Petition”) for admission of her husband |
How the case ended
- Docket
- No. 1:13-cv-04280
- Filed
- July 30, 2013
- Ended
- July 15, 2014
- Suit's filing to its end
- 350 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.
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 14, 2026. Check the current status before relying on one.
-
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
-
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
-
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
-
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
-
American Academy of Religion v. Napolitano, 573 F.3d 115
Second Circuit, July 17, 2009. Where a visa refusal implicates U.S. citizens' First Amendment rights, Mandel review applies: the government must identify a properly construed statutory ground and the officer's reason to believe it applies, and the applicant must have a chance to rebut a knowing material-support charge.
ImmCite: treatment available, history exists, not clearance. ImmCite has read all 4 published decisions citing this case, as of 2026-11-13; none treats it adversely. That describes those decisions; it is not a determination that the case is good law.
-
Chen v. Rubio, 158 F.4th 393
Second Circuit, October 29, 2025. After Muñoz, consular nonreviewability insulates relatives' visa refusals from a citizen sponsor's challenge, and the claims were properly dismissed with prejudice.
ImmCite: unchecked, treatment not confirmed yet, not evidence either way. ImmCite has found no published decision citing this case as of 2026-11-13; it checks for new citing decisions daily. That is not a determination that the case is good law. The citation index lists 5 other decisions citing it, none a Supreme Court, BIA or Attorney General precedent or a published circuit opinion; ImmCite's status does not review them.