Passim

Mandamus decisions / Eastern District of California

Jafarzadeh v. Blinken

Eastern District of CaliforniaKimberly J. MuellerDecided August 26, 2024No. 1:23-cv-00770

Read the decisionOriginal on CourtListener

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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
On March 16, 2023, the Consular Section of the 22 United States Embassy in Yerevan, Armenia, interviewed Abbas and his wife
Form or filing 221(g) (consular refusal); DS-260 (immigrant visa) Read by a model
On January 30, 2022, Abbas 19 submitted the DS-260 application and supporting documents
What the suit asked for Finish 221(g) processing Read by a model
plaintiffs are requesting defendants complete adjudication of Abbas’s visa application.
Kind of order A ruling on a motion or the petition Read by a model
For the reasons above, defendants’ motion to dismiss is denied.
Motion decided Motion to dismiss for failure to state a claim Read by a model
Defendants move to dismiss plaintiff’s complaint under Federal Rule of Civil Procedure 12(b)(6).
Whose motion The government's motion Read by a model
Defendants move to dismiss plaintiff’s complaint under Federal Rule of Civil Procedure 12(b)(6).
Disposition Denied in the applicant's favor The principal motion was denied in full: a motion to dismiss denied so the case goes on, or relief denied on the merits. Read by a model
For the reasons above, defendants’ motion to dismiss is denied.
Prevailing party Applicant Read by a model
For the reasons above, defendants’ motion to dismiss is denied.
The delay claim The delay claim goes on Read by a model
For the reasons above, defendants’ motion to dismiss is denied.
Months pending 30.9 months from the application to the court's decision Read by a model
On January 30, 2022, Abbas 19 submitted the DS-260 application and supporting documents.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Consular nonreviewability rejected; Duty to re-adjudicate a 221(g) refusal found Read by a model
Because there has been no final decision on Abbas’s visa application, the doctrine of 28 consular nonreviewability does not bar judicial review
Nationality Iran Read by a model
Plaintiffs are a United States citizen and his Iranian-national father.
I-130 category Immediate relative Read by a model
Plaintiffs are a United States citizen and his Iranian-national father.

How the case ended

Docket
No. 1:23-cv-00770
Filed
May 18, 2023
Ended
September 24, 2024
Suit's filing to its end
495 days
How it ended
Ended once the agency acted
From the record
voluntary dismissal 2024-09-22; idb disp 12 (dismissed: voluntarily)

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.