Mandamus decisions / District of Columbia

Cevallos v. U.S. Department of State

District of ColumbiaJohn D. BatesDecided September 26, 2023No. 1:22-cv-02602

Read the decisionOriginal on CourtListener

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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 State Department submits that the Amended Complaint should be dismissed because Cardenas Cevallos challenges a consular officer’s unreviewable decision to deny his visa.
Form or filing DS-160 (nonimmigrant visa) Read by a model
After the meeting, Cardenas Cevallos reapplied for a B-1/B-2 visa.
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
ORDERED that [8] defendants’ motion to dismiss is GRANTED; and it is further ORDERED that this case is DISMISSED with prejudice.
Motion decided Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim Read by a model
The State Department filed a motion to dismiss the amended complaint for lack of subjectmatter jurisdiction under Rule 12(b)(1) and for failure to state a claim under Rule 12(b)(6).
Whose motion The government's motion Read by a model
Before the Court is the State Department’s motion to dismiss for lack of subject matter jurisdiction and failure to state a claim.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
ORDERED that this case is DISMISSED with prejudice.
Prevailing party Government Read by a model
ORDERED that this case is DISMISSED with prejudice.
The other claims Dismissed Read by a model
ORDERED that this case is DISMISSED with prejudice.
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
Because Cardenas Cevallos squarely challenges the “manner” in which he was denied entry, his statutory claims are subject to consular nonreviewability.
Nationality Mexico Read by a model
Cardenas Cevallos is a Mexican citizen

How the case ended

Docket
No. 1:22-cv-02602
Filed
August 30, 2022
Ended
September 26, 2023
Suit's filing to its end
392 days
How it ended
Dismissed, ground not recorded
From the record
idb disp 2 (dismissed: want of prosecution)

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 D.C. 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.