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Mandamus decisions / Southern District of New York

Castillo v. Rice

Southern District of New YorkDeborah A. BattsDecided July 28, 2008

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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.

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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
The Consulate placed Ms. Paez on a waiting list for an interview; the list consisted of more than 27,500 cases as of February 28, 2007.
Form or filing I-129 (worker petition) Read by a model
an application for a K-3 non-immigrant visa (Form 1-129)
What the suit asked for Schedule an interview Read by a model
seeking to compel the United States Consulate located in Santo Domingo, Dominican Republic to schedule immediately an interview to allow them to present evidence in support of Ms. Paez' application for a K-3 visa.
Kind of order A ruling on a motion or the petition Read by a model
Respondents' Motion to Dismiss this action pursuant to Fed.R.Civ.P. 12(b)(1) is hereby GRANTED.
Motion decided Motion to dismiss for lack of jurisdiction Read by a model
Respondents' Motion to Dismiss this action pursuant to Fed.R.Civ.P. 12(b)(1) is hereby GRANTED.
Whose motion The government's motion Read by a model
Now before the Court is Defendants' Motion to Dismiss the Petition and the Amended Petition
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
Respondents' Motion to Dismiss this action pursuant to Fed.R.Civ.P. 12(b)(1) is hereby GRANTED.
Prevailing party Government Read by a model
Respondents' Motion to Dismiss this action pursuant to Fed.R.Civ.P. 12(b)(1) is hereby GRANTED.
The delay claim Dismissed Read by a model
Respondents' Motion to Dismiss this action pursuant to Fed.R.Civ.P. 12(b)(1) is hereby GRANTED.
Months pending Not stated Read by a model
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Consular nonreviewability applied Read by a model
the doctrine of consular non-reviewability precludes any review under the APA of the Consulate's discretionary practice of scheduling interviews for K-1 and K-3 visa applicants.
Nationality Dominican Republic Read by a model
Ms. Paez, a citizen of the Dominican Republic

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 14, 2026. Check the current status before relying on one.