Passim

Mandamus decisions / Central District of California

Shayesteh Soroush v. Antony J. Blinken

Central District of CaliforniaChristina A. SnyderDecided January 24, 2025No. 2:24-cv-06490

Read the decisionOriginal on CourtListener

2,914 written decisions from 2,661 cases in the whole mandamus and agency-delay group, the group's newest decided October 30, 2026. Updated November 3, 2026 at 1:24 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 1,606 public decisions since January 1, 2025 that a CourtListener and GovInfo search for mandamus and agency delay finds, Passim holds 1,371 (85%), measured November 3, 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

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Agency Department of State Read by a model
Defendant Robert Jachim is the Acting Director of the Office of Screening, Analysis, and Coordination within the State Department, responsible for screening and processing visa applications.
Form or filing 221(g) (consular refusal); DS-260 (immigrant visa) Read by a model
On April 17, 2023, Tabakh submitted a Form DS-260, titled “Online Immigrant Visa and Alien Registration Application,” to the State Department’s National Visa Center
What the suit asked for Finish 221(g) processing Read by a model
Thus, plaintiffs appear to be challenging the amount of time Tabakh’s application has remained in administrative processing, pending final adjudication as unreasonably delayed agency action
Kind of order A ruling on a motion or the petition Read by a model
In accordance with the foregoing, the Court GRANTS IN PART and DENIES IN PART defendants’ motion to dismiss.
Motion decided Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim Read by a model
The Court DENIES defendants’ motion to dismiss plaintiffs’ Section 706(1) clazm and GRANTS defendants’ motion to dismiss plaintiffs’ Section 706(2) claim without prejudice.
Whose motion The government's motion Read by a model
On November 4, 2024, defendants filed the instant motion to dismiss.
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
The Court DENIES defendants’ motion to dismiss plaintiffs’ Section 706(1) clazm
Prevailing party Each side in part Read by a model
The Court DENIES defendants’ motion to dismiss plaintiffs’ Section 706(1) clazm
The delay claim The delay claim goes on Read by a model
The Court DENIES defendants’ motion to dismiss plaintiffs’ Section 706(1) clazm
The other claims Dismissed Read by a model
GRANTS defendants’ motion to dismiss plaintiffs’ Section 706(2) claim without prejudice.
Months pending 15.5 months from the application to the suit; 21.3 months from the application to the court's decision Read by a model
On April 17, 2023, Tabakh submitted a Form DS-260, titled “Online Immigrant Visa and Alien Registration Application,” to the State Department’s National Visa Center, along with supporting documentation.
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
The Court finds that the doctrine of consular nonreviewability does not bar plaintiffs’ Section 706(1) claim.
Nationality Iran Read by a model
Plaintiff Tabakh, Soroush’s spouse, is an Iranian national, currently living in Iran.
I-130 category Immediate relative Read by a model
it is irrelevant to Tabakh’s immediate relative visa application.

How the case ended

Docket
No. 2:24-cv-06490
Filed
August 1, 2024
Ended
February 13, 2026
Suit's filing to its end
561 days
How it ended
Ended once the agency acted
From the record
voluntary dismissal 2026-02-13; 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.

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.