Passim

Mandamus decisions / Southern District of Ohio

Omar v. Blinken

Southern District of OhioWalter H. RiceDecided November 15, 2024No. 3:24-cv-00060

Read the decisionOriginal on CourtListener

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.

These are counts of past written decisions and dockets, not predictions of how any case will be decided. A distribution appears only when at least 5 decisions (or 5 dockets) are behind it; smaller groups are listed, not summarized. How it's counted.

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 May 11, 2023, Seif was interviewed by the Consular Section of the U.S. Consular Section of the U.S. Embassy in Dar Es Salaam, Tanzania.
Form or filing 221(g) (consular refusal); DS-260 (immigrant visa) Read by a model
Once the I-130 was approved, Seif was able to file a Form DS-260 Online Immigrant Visa and Alien Registration Application (“DS-260"), which he did on July 18, 2022.
What the suit asked for Finish 221(g) processing Read by a model
As Plaintiffs describe it, their case does not seek to have the Court second guess a denial or the reasons behind it, but only seeks to have the Court compel the agency to complete the process.
Kind of order A ruling on a motion or the petition Read by a model
DECISION AND ENTRY OVERRULING MOTION TO DISMISS FILED BY DEFENDANTS ANTHONY J. BLINKEN, ET AL (DOC. #11)
Motion decided Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim Read by a model
For the reasons set forth above, the Motion for Dismiss pursuant to Fed. R. Civ. PR. 12(b)(1) and Fed. R. Civ. P. 12(b)(6), Doc. #11, is OVERRULED.
Whose motion The government's motion Read by a model
DECISION AND ENTRY OVERRULING MOTION TO DISMISS FILED BY DEFENDANTS ANTHONY J. BLINKEN, ET AL (DOC. #11)
Disposition Government's motion denied; the case goes on The government's motion (to dismiss, or for summary judgment) was denied, so the case goes on. Counted as the applicant's ruling; a later decision in the case can still go either way. Read by a model
For the reasons set forth below, Defendants’ Motion to Dismiss, Doc. #11, is OVERRULED.
Prevailing party Applicant Read by a model
For the reasons set forth below, Defendants’ Motion to Dismiss, Doc. #11, is OVERRULED.
The delay claim The delay claim goes on Read by a model
For the reasons set forth below, Defendants’ Motion to Dismiss, Doc. #11, is OVERRULED.
Months pending 19.4 months from the application to the suit; 28 months from the application to the court's decision Read by a model
Once the I-130 was approved, Seif was able to file a Form DS-260 Online Immigrant Visa and Alien Registration Application (“DS-260"), which he did on July 18, 2022.
TRAC factors The court weighed the TRAC factors
  • 1. Rule of reasonnot reached
  • 2. Congressional timetablenot reached
  • 3. Human health and welfarefavors the applicant
  • 4. Competing prioritiesnot reached
  • 5. Interests prejudicedfavors the applicant
  • 6. No impropriety needednot reached
Read by a model
Plaintiffs raise identical allegations under the third and fifth TRAC factors; construing their allegations in their favor, they allege a cognizable harm to their marital and familial interests and a significant wait to be reunited.
The government's delay arguments Line-jumping rejected Read by a model
Second, Defendants infer that affording Plaintiffs relief would place their visa application above all others, pursuant to the fourth TRAC factor. Doc. #11, PagelD #117. But there is no evidence in the record, at this preliminary stage, to support that inference.
Threshold rulings Consular nonreviewability rejected; Duty to re-adjudicate a 221(g) refusal found Read by a model
Thus, under the doctrine set forth in Pate/ and followed by many district courts around the country, the Court possesses jurisdiction over Plaintiffs’ lawsuit “to compel the consul to make a decision on their visa applications.”
Nationality Tanzania Read by a model
Omar is a United States citizen, and her husband, Seif, is a Tanzanian national and applicant for an immigrant visa.
I-130 category Immediate relative Read by a model
Omar is a United States citizen, and her husband, Seif, is a Tanzanian national and applicant for an immigrant visa.

How the case ended

Docket
No. 3:24-cv-00060
On the docket
This ruling (ECF 18)
Filed
February 28, 2024
Ended
January 14, 2025
Suit's filing to its end
321 days
How it ended
Ended once the agency acted
From the record
stipulated dismissal 2025-01-13; idb disp 13 (dismissed: settled)

A voluntary or stipulated dismissal is how most suits end once the agency acts; the docket rarely says why. Other suits in this court.

The ruling's entry is the docket's one order or judgment entered the day of the decision. Both come from CourtListener's copy of the docket; check them there.

Supreme Court and Sixth 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.