Patel

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.

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Mohanbhai Patel, a naturalized United States citizen, seeks visas for his wife and her two daughters in India. The Immigration and Naturalization Service suspects Patel was naturalized under false pretences by marrying an American citizen while still being married to his wife in India. On the urging of the INS, the consulate in Bombay, India has refused to act on the Patel family visa applications, even though Patel remains a naturalized citizen.

Patel, a native of India, arrived in the United States on a nonimmigrant visitor’s visa in 1981. Patel and Judy Brewington, an American citizen, were married on April 23, 1982. They resided together for less than two months before separating. On May 9,…