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Mandamus decisions / Northern District of California

POURSOHI v. BLINKEN

Northern District of CaliforniaThomas S. HixsonDecided November 16, 2021No. 3:21-cv-01960

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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
Plaintiffs acknowledge that “the length of the delay is an important consideration” in 16 evaluating the reasonableness of DOS’s inaction on the Application.
Form or filing DS-260 (immigrant visa) Read by a model
Plaintiffs filed an Immigrant Visa and Alien Registration application on Form DS-260
What the suit asked for Schedule an interview Read by a model
Plaintiffs allege that similar language in DOS’s Foreign Affair Manuals 17 (“FAM”) requires Defendant to schedule an interview within 60 days of the Application being 18 documentarily complete.
Kind of order A ruling on a motion or the petition Read by a model
the Court GRANTS Defendant’s motion for the following reasons.
Motion decided Summary judgment Read by a model
the Court GRANTS Defendant’s motion for summary 24 judgment.
Whose motion The government's motion Read by a model
Pending before the Court is the Motion for Summary Judgment filed by Defendant Antony 15 Blinken (“Defendant”).
Disposition Granted in the government's favor The principal motion was granted in full: summary judgment for either side, an injunction or TRO, a writ or order to act, fees. A motion to dismiss granted in full counts as Dismissed; a transfer is listed apart. Read by a model
the Court GRANTS Defendant’s motion for summary 24 judgment.
Prevailing party Government Read by a model
the Court GRANTS Defendant’s motion for summary 24 judgment.
The delay claim Relief denied Read by a model
Based on the analysis above, the Court GRANTS Defendant’s motion for summary 24 judgment.
Months pending 15.4 months from the application to the suit; 23.3 months from the application to the court's decision Read by a model
On December 7, 2019, 6 Plaintiffs filed an Immigrant Visa and Alien Registration application on Form DS-260
TRAC factors The court weighed the TRAC factors
  • 1. Rule of reasonfavors the government
  • 2. Congressional timetableneutral
  • 3. Human health and welfarefavors the applicant
  • 4. Competing prioritiesfavors the government
  • 5. Interests prejudicedfavors the applicant
  • 6. No impropriety neededneutral
Read by a model
Accordingly, the first 5 TRAC factor weighs heavily in Defendant’s favor.
The government's delay arguments First-in, first-out processing accepted; Line-jumping accepted Read by a model
Plaintiffs’ Application is not delayed indefinitely, as they apparently fear, but will be scheduled 8 for an interview in accordance with the date on which it was deemed documentarily complete.
Threshold rulings None Read by a model
Nationality Iran Read by a model
Plaintiff Mirmotalebi, who resides in Montreal, Canada, is an Iranian national
I-130 category Family preference Read by a model
As a family-preference spouse of 15 a lawful permanent resident (F21), Mirmotalebi's application is considered to be in Tier 3 of the 16 prioritization schedule.

Other orders in this case

The group holds 2 decisions from this suit, oldest first. Outcome counts on these pages count the case once, by its latest decision, this one. How decisions are grouped into cases.

DecisionDecidedJudgeDisposition
POURSOHI v. BLINKEN July 29, 2021 Thomas S. Hixson Denied in the government's favor
POURSOHI v. BLINKENThis decisionThe case's latest decision: its outcome is the one counted November 16, 2021 Thomas S. Hixson Granted in the government's favor

How the case ended

Docket
No. 3:21-cv-01960
Filed
March 19, 2021
Ended
November 18, 2021
Suit's filing to its end
244 days
How it ended
Dismissed on jurisdiction or the merits
From the record
idb disp 6 (judgment: motion before trial), judgment for defendant

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 Ninth 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.