Passim

Mandamus decisions / District of Columbia

ZAKERI v. RUBIO

District of ColumbiaTimothy J. KellyDecided May 28, 2026No. 1:25-cv-03222

Read the decisionOriginal on CourtListener

2,917 written decisions from 2,664 cases in the whole mandamus and agency-delay group, the group's newest decided October 30, 2026. Updated November 3, 2026 at 7:07 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 1,606 public decisions since January 1, 2025 that a CourtListener and GovInfo search for mandamus and agency delay finds, Passim holds 1,371 (85%), measured November 3, 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
Zakeri rightly—for the second time—notes the Consul General’s official responsibility to oversee “all consular activities of the [Calgary] Consulate,” including its officers’ adjudications of Zakeri’s visa application.
Form or filing 221(g) (consular refusal); DS-160 (nonimmigrant visa) Read by a model
He submitted his Form DS-160 on August 24, 2022. ECF No. 1 ¶ 18. After a round of consular interviews in Canada, and his submission of “voluminous documentation,” Zakeri’s application was refused and placed in administrative processing by the end of 2023.
What the suit asked for Finish 221(g) processing Read by a model
And in any event, he does not challenge the agency’s inadmissibility finding, but the delay in completing further administrative processing.
Kind of order A ruling on a motion or the petition Read by a model
Thus, the Court will grant Defendants’ motion and dismiss the case.
Motion decided Motion to dismiss for failure to state a claim Read by a model
to survive a Rule 12(b)(6) motion to dismiss.
Whose motion The government's motion Read by a model
Defendants—Secretary of State Marco Rubio and Consul General Emily Fleckner—now move to dismiss this second suit.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
For all the above reasons, the Court will dismiss all of Zakeri’s claims and the case.
Prevailing party Government Read by a model
Thus, the Court will grant Defendants’ motion and dismiss the case.
The delay claim Dismissed Read by a model
For all the above reasons, the Court will dismiss all of Zakeri’s claims and the case.
Months pending 36.7 months from the application to the suit; 45.1 months from the application to the court's decision Read by a model
He submitted his Form DS-160 on August 24, 2022.
TRAC factors The court weighed the TRAC factors
  • 1. Rule of reasonfavors the government
  • 2. Congressional timetablefavors the government
  • 3. Human health and welfarefavors the government
  • 4. Competing prioritiesfavors the government
  • 5. Interests prejudicedfavors the government
  • 6. No impropriety neededneutral
Read by a model
For these reasons, factors one and two, taken together, favor Defendants.
The government's delay arguments Line-jumping accepted Read by a model
And this “would erode the ability of agencies to determine their priorities.” Tate v. Pompeo, 513 F. Supp. 3d 132, 150 (D.D.C. 2021). Factor four thus heavily favors Defendants.
Threshold rulings None Read by a model
Nationality Canada Read by a model
Zakeri is an Iranian-born Canadian citizen.

How the case ended

Docket
No. 1:25-cv-03222
Filed
September 15, 2025
Ended
May 28, 2026
Suit's filing to its end
255 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. 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.