Mandamus decisions / District of Arizona

Rafieikhajegini v. United States Department of State

District of ArizonaDominic W LanzaDecided May 21, 2024No. 2:23-cv-01972

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
Additionally, Defendants’ position is difficult to reconcile with the fact that the State 19 Department sent a Form DS-5535 to Plaintiff’s Mother in the immediate aftermath of her 20 consular interview, which she completed and returned three days later.
Form or filing 221(g) (consular refusal); DS-260 (immigrant visa) Read by a model
[Plaintiff’s Mother] appeared for her consular interview at the U.S. Embassy 12 in Abu Dhabi and applied for an immigrant visa on November 14, 2022.
What the suit asked for Finish 221(g) processing Read by a model
Plaintiff seeks “a writ of 28 mandamus compelling Defendants to adjudicate a long-delayed immediate relative visa 1 application.”
Kind of order A ruling on a motion or the petition Read by a model
Defendants’ motion to dismiss (Doc. 15) is granted.
Motion decided Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim Read by a model
Defendants’ motion to dismiss (Doc. 15) is granted.
Whose motion The government's motion Read by a model
Defendants’ motion to dismiss (Doc. 15) is granted.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
The complaint is dismissed without leave to amend, but without prejudice.
Prevailing party Government Read by a model
Defendants’ motion to dismiss (Doc. 15) is granted.
The delay claim Dismissed Read by a model
The complaint is dismissed without leave to amend, but without prejudice.
The other claims Dismissed Read by a model
The complaint is dismissed without leave to amend, but without prejudice.
Months pending 10.2 months from the application to the suit; 18.2 months from the application to the court's decision Read by a model
and applied for an immigrant visa on November 14, 2022.
TRAC factors The court weighed the TRAC factors
  • 1. Rule of reasonfavors the government
  • 2. Congressional timetableneutral
  • 3. Human health and welfareneutral
  • 4. Competing prioritiesneutral
  • 5. Interests prejudicedneutral
  • 6. No impropriety neededneutral
Read by a model
As a result, the first TRAC 11 factor strongly favors Defendants.
The government's delay arguments Line-jumping found neutral Read by a model
remaining TRAC factors are essentially neutral
Threshold rulings Consular nonreviewability rejected; Mootness argument rejected; Duty to re-adjudicate a 221(g) refusal found Read by a model
The Court disagrees that the doctrine of consular nonreviewability is applicable 24 here.
Nationality Iran Read by a model
who is a citizen of Iran.
I-130 category Immediate relative Read by a model
a long-delayed immediate relative visa 1 application.

How the case ended

Docket
No. 2:23-cv-01972
Filed
September 19, 2023
Ended
May 21, 2024
Suit's filing to its end
245 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.