Patel v. Reno

THOMAS, Circuit Judge:

The Patel family’s visa application has been pending before the United States Consulate in Bombay, India for eight years without action. The Patels filed this mandamus action to force the consulate to make a decision. Because we agree that the applicable regulations require the consulate to act, we reverse the district court’s grant of summary judgment. We affirm the district court’s issuance of summary judgment as to non-consulate parties who are without any power to issue visas.

I

Mohanbhai Patel, a naturalized United States citizen, seeks visas for his wife and her two…