Passim

Mandamus decisions / Southern District of Texas

Yahya v. Blinken

Southern District of TexasCharles EskridgeDecided July 22, 2024No. 4:23-cv-04005

Read the decisionOriginal on CourtListener

2,914 written decisions from 2,661 cases in the whole mandamus and agency-delay group, the group's newest decided October 30, 2026. Updated November 3, 2026 at 1:24 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
The US Consulate emailed Alsharaf the next day to request additional information as part of his visa application in the form of a DS-5535 Questionnaire, which Alsharaf promptly filled out and returned.
Form or filing 221(g) (consular refusal); DS-260 (immigrant visa) Read by a model
On April 12, 2023, Alsharaf was then interviewed in connection with his immigrant visa application at the US Consulate in Montreal, Canada.
What the suit asked for Finish 221(g) processing Read by a model
Plaintiffs initiated this mandamus action to seek an order compelling the Government to adjudicate Alsharaf’s application.
Kind of order A ruling on a motion or the petition Read by a model
The motion by Defendants Antony Blinken, Katherine Brucker, and Robert P. Sanders to dismiss for lack of subject-matter jurisdiction is granted.
Motion decided Motion to dismiss for lack of jurisdiction Read by a model
The motion by Defendants Antony Blinken, Katherine Brucker, and Robert P. Sanders to dismiss for lack of subject-matter jurisdiction is GRANTED.
Whose motion The government's motion Read by a model
The motion by Defendants Antony Blinken, Katherine Brucker, and Robert P. Sanders to dismiss for lack of subject-matter jurisdiction is granted.
Disposition Dismissed as moot Dismissed or denied as moot because the agency acted. Read by a model
In short, the record establishes that a decision was made with respect to the action that was required. As such, mandamus simply isn’t available to compel action that’s already been taken.
Prevailing party Neither side Read by a model
In short, the record establishes that a decision was made with respect to the action that was required. As such, mandamus simply isn’t available to compel action that’s already been taken.
The delay claim Moot: the agency acted Read by a model
In short, the record establishes that a decision was made with respect to the action that was required. As such, mandamus simply isn’t available to compel action that’s already been taken.
Months pending 0 months from the application to the agency's action Read by a model
On April 12, 2023, Alsharaf was then interviewed in connection with his immigrant visa application at the US Consulate in Montreal, Canada. Id at ¶30. He was given a refusal worksheet at the end of the interview
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Held moot Read by a model
In short, the record establishes that a decision was made with respect to the action that was required. As such, mandamus simply isn’t available to compel action that’s already been taken.
Nationality Canada Read by a model
Plaintiff Ahmed Alsharaf is her husband and a naturalized citizen of Canada.
I-130 category Immediate relative Read by a model
Plaintiff Zahra Yahya is a United States citizen. Plaintiff Ahmed Alsharaf is her husband and a naturalized citizen of Canada.

How the case ended

Docket
No. 4:23-cv-04005
Filed
October 20, 2023
Ended
July 23, 2024
Suit's filing to its end
277 days
How it ended
Ended once the agency acted
From the record
order 2024-07-22 dismisses for want of jurisdiction; idb disp 14 (dismissed: other)

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 Fifth 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.