Mandamus decisions / Eastern District of Washington

Ramirez Serrato v. Blinken

Eastern District of WashingtonMary K. DimkeDecided August 2, 2024No. 2:23-cv-00177

Read the decisionOriginal on CourtListener

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What the decision decided

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Agency Department of State Read by a model
Defendants further argue that Plaintiffs’ claim for relief would force the 4 State Department to prioritize Plaintiffs’ application ahead of other similarly 5 situated applicants.
Form or filing 221(g) (consular refusal); DS-260 (immigrant visa) Read by a model
On April 27, 2022, Plaintiff Ramirez Serrato 18 submitted a DS-260, Online Immigrant Visa and Alien Registration Application.
What the suit asked for Finish 221(g) processing Read by a model
Plaintiffs seek to compel action on Plaintiff Luis Ramirez Serrato’s visa application.
Kind of order A ruling on a motion or the petition Read by a model
Defendants’ Motion to Dismiss, ECF No. 26, is GRANTED.
Motion decided Motion to dismiss for failure to state a claim Read by a model
Defendants contend that the Court should dismiss Plaintiffs’ Complaint 3 under Rule 12(b)(6) because it fails to state a claim for unreasonable delay
Whose motion The government's motion Read by a model
Before the Court are Defendants’ Motions to Dismiss.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
Plaintiffs’ First Amended Complaint, ECF No. 22, is DISMISSED 13 without prejudice.
Prevailing party Government Read by a model
The District Court Executive is directed to file this Order, enter judgment for 15 Defendants, provide copies to counsel, and CLOSE THE FILE.
The delay claim Dismissed Read by a model
Plaintiffs’ 2 APA claim is accordingly dismissed.
The other claims Dismissed Read by a model
The Court accordingly dismisses Plaintiffs’ Due 5 Process claim.
Months pending 27.2 months from the application to the court's decision Read by a model
On April 27, 2022, Plaintiff Ramirez Serrato 18 submitted a DS-260, Online Immigrant Visa and Alien Registration Application.
TRAC factors The court weighed the TRAC factors
  • 1. Rule of reasonfavors the government
  • 2. Congressional timetablefavors the government
  • 3. Human health and welfarefavors the government
  • 4. Competing prioritiesfavors the government
  • 5. Interests prejudicedfavors the government
  • 6. No impropriety neededfavors the government
Read by a model
On this record, the first–and most important–TRAC factor 12 strongly weighs in Defendants’ favor.
The government's delay arguments Line-jumping accepted Read by a model
As to the fourth and sixth factors–the agency’s completing priorities and 14 impropriety–Plaintiffs have neither demonstrated that an expediting of the action is 15 necessary on account of a higher or competing priority nor have they alleged bad 16 faith by Defendants.
Threshold rulings None Read by a model
I-130 category Immediate relative Read by a model
Plaintiffs Cynthia Hernandez and Jose Luis Ramirez Serrato are spouses. Id. 7 at 3. Plaintiff Hernandez is a United States citizen.

How the case ended

Docket
No. 2:23-cv-00177
Filed
June 21, 2023
Ended
August 2, 2024
Suit's filing to its end
408 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 14, 2026. Check the current status before relying on one.