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Mandamus decisions / Southern District of New York

Pena v. Kissinger

Southern District of New YorkDecided March 2, 1976

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What the decision decided

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Agency Department of State Read by a model
Plaintiff seeks review of the allegedly capricious decision of the American Consul in Santo Domingo denying an immigrant visa to her husband, Francisco A. Pena, a Dominican Republic, Western Hemisphere citizen who intends to work in the United States.
Form or filing DS-260 (immigrant visa) Read by a model
He thereafter returned to the Dominican Republic and formally applied for an immigrant visa at the United States Consulate in Santo Domingo.
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
Partial summary judgment is granted to the defendants accordingly
Motion decided Summary judgment Read by a model
Partial summary judgment is granted to the defendants accordingly with leave to them to apply for a complete dismissal of the claim to damages as indicated by the preceding paragraph hereof.
Whose motion The government's motion Read by a model
The defendants, officials of the State Department and a consulate employee, have moved pursuant to Fed.R.Civ.P. 56 for summary judgment
Disposition Dismissed in part; some claims go on The government's motion to dismiss was granted in part: some claims were dismissed and others go on. Read by a model
Prevailing party Each side in part Read by a model
The other claims Some dismissed, some go on Read by a model
Although plaintiff's claims for declaratory and injunctive relief must be denied in light of the foregoing, her claim for compensatory and punitive damages for emotional pain and humiliation caused by the conduct of the defendants remains.
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 Consul's determination regarding the marriage is the "facially legitimate and bona fide reason" which is the basis for the discretionary decision on the visa application; as such, Mandel interdicts Court examination of the Consul's determination.
Nationality Dominican Republic Read by a model
Francisco A. Pena, a Dominican Republic, Western Hemisphere citizen

How the case ended

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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.