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Mandamus decisions / Northern District of California

Emami v. Nielsen

Northern District of CaliforniaDonatoDecided February 4, 2019

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2,996 written decisions from 2,731 cases in the whole mandamus and agency-delay group, the group's newest decided November 12, 2026. Updated November 14, 2026 at 1:17 a.m. CT; the Passim connector counts the live collection, which can differ by the day's additions and retirements (which total to quote). Coverage: of the 1,617 public decisions since January 1, 2025 that a CourtListener and GovInfo search for mandamus and agency delay finds, Passim holds 1,406 (87%), 1,039 of them in this group, measured November 14, 2026. Some of what that search finds are not mandamus decisions. Tell us about a decision we're missing.

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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
Rather, they are pursuing an APA claim based on the allegation that the State Department is not following its own waiver guidance.
Form or filing DS-160 (nonimmigrant visa); DS-260 (immigrant visa) Read by a model
In 2016, Ms. Toloubeydokhti petitioned for immigrant visas for her parents, plaintiffs Fathollah Tolou Beydokhti and Behnaz Malekghaeini, who are both Iranian nationals.
What the suit asked for Some other action Read by a model
On that note, the prayer for relief in the complaint asks the Court to order the retraction of all visa denials and to order defendants to "fulfill their duties under the Proclamation."
Kind of order A ruling on a motion or the petition Read by a model
This order resolves defendants' motion to dismiss plaintiffs' complaint, which was brought under Rule 12(b)(6) of the Federal Rules of Civil Procedure.
Motion decided Motion to dismiss for failure to state a claim Read by a model
This order resolves defendants' motion to dismiss plaintiffs' complaint, which was brought under Rule 12(b)(6) of the Federal Rules of Civil Procedure.
Whose motion The government's motion Read by a model
This order resolves defendants' motion to dismiss plaintiffs' complaint, which was brought under Rule 12(b)(6) of the Federal Rules of Civil Procedure.
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
Defendants' motion to dismiss is denied for plaintiffs' APA claim. The Fifth Amendment claim is dismissed with leave to file an amended complaint by February 25, 2019, if plaintiffs so choose.
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 rejected; APA adequate-remedy bar applied (mandamus claim fails) Read by a model
Those issues do not require review of an individual consular officer's decision. Consequently, dismissal for lack of a justiciable controversy is denied.
Nationality Iran Read by a model
In 2016, Ms. Toloubeydokhti petitioned for immigrant visas for her parents, plaintiffs Fathollah Tolou Beydokhti and Behnaz Malekghaeini, who are both Iranian nationals.
212(f) proclamation Proclamation 9645 Read by a model
Plaintiffs challenge the government's conduct in connection with a waiver program that would permit the entry into the United States of foreign nationals banned by Presidential Proclamation 9645.
I-130 category Immediate relative Read by a model
Plaintiff Tanaz Toloubeydokhti is a United States citizen of Iranian origin who lives in San Diego, California, and works in obstetrics and gynecology. Dkt. No. 34 ¶¶ 98-99. In 2016, Ms. Toloubeydokhti petitioned for immigrant visas for her parents

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. How decisions are grouped into cases.

DecisionDecidedJudgeDisposition
Emami v. NielsenThis decision February 4, 2019 Donato Dismissed in part; some claims go on
Emami v. NielsenThe case's latest decision: its outcome is the one counted June 5, 2020 James Donato Dismissed in part; some claims go on

How the case ended

This decision is not linked to a docket in the docket record yet, so how the case ended is not shown.

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 14, 2026. Check the current status before relying on one.