Passim

Mandamus decisions / Northern District of Texas

Kummer v. Shultz

Northern District of TexasDecided January 25, 1984

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What the decision decided

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Agency Department of State Read by a model
Plaintiffs have filed suit, and ask for summary judgment, seeking this Court to compel the Secretary of State to "diligently and expeditiously" process Josephine Kummer's application for an immigrant visa.
Form or filing DS-260 (immigrant visa) Read by a model
Plaintiffs have filed suit, and ask for summary judgment, seeking this Court to compel the Secretary of State to "diligently and expeditiously" process Josephine Kummer's application for an immigrant visa.
What the suit asked for Decide the application Read by a model
Plaintiffs have filed suit, and ask for summary judgment, seeking this Court to compel the Secretary of State to "diligently and expeditiously" process Josephine Kummer's application for an immigrant visa.
Kind of order A ruling on a motion or the petition Read by a model
The Court is of the opinion that Defendant's Motion should be, and it is hereby, GRANTED.
Motion decided Motion to dismiss for lack of jurisdiction; Summary judgment Read by a model
Plaintiffs' Motion for Summary Judgment is hereby DENIED; and Defendant's Motion to Dismiss for Lack of Subject Matter Jurisdiction is GRANTED.
Whose motion Cross-motions Read by a model
This case is before the Court on Plaintiffs' Motion for Summary Judgment, filed December 6, 1983; and Defendant's Motion to Dismiss, filed December 19, 1983.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
This case is hereby DISMISSED at Plaintiffs' cost.
Prevailing party Government Read by a model
Defendant's Motion to Dismiss for Lack of Subject Matter Jurisdiction is GRANTED.
The delay claim Dismissed Read by a model
Defendant's Motion to Dismiss for Lack of Subject Matter Jurisdiction is GRANTED. This case is hereby DISMISSED at Plaintiffs' cost.
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
Furthermore, exercising jurisdiction over this case would violate the long-recognized judicial nonreviewability of a Consul's decision to grant or deny a visa.

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