Passim

Mandamus decisions / Eastern District of California

Nasiri v. United States Department of State

Eastern District of CaliforniaKirk E. SherriffDecided February 7, 2025No. 1:21-cv-01385

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.

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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
On July 29, 2020, the U.S. Embassy in Germany asked Mr. Nasiri to complete a supplemental questionnaire, known as a DS-Form 5535.
Form or filing 221(g) (consular refusal); DS-260 (immigrant visa) Read by a model
Both parties agree that Mr. Nasiri’s two visa applications at issue, the SIV and the spousal visa, were refused under § 221(g).
What the suit asked for Finish 221(g) processing Read by a model
As defendants’ decisions refusing Mr. Nasiri’s visa applications were final consular adjudications on the merits, plaintiffs’ first claim, to compel the defendants to issue final decisions, is denied as moot.
Kind of order A ruling on a motion or the petition Read by a model
Defendants’ motion to dismiss, Doc. 11, 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 moved to dismiss this action under Federal Rule of Civil Procedure 12(b)(1) and 12(b)(6).
Whose motion The government's motion Read by a model
Defendants moved to dismiss this action under Federal Rule of Civil Procedure 12(b)(1) and 12(b)(6).
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
As defendants’ decisions refusing Mr. Nasiri’s visa applications were final consular adjudications on the merits, plaintiffs’ first claim, to compel the defendants to issue final decisions, is denied as moot.
Prevailing party Government Read by a model
As defendants’ decisions refusing Mr. Nasiri’s visa applications were final consular adjudications on the merits, plaintiffs’ first claim, to compel the defendants to issue final decisions, is denied as moot.
The delay claim Moot: the agency acted Read by a model
As defendants’ decisions refusing Mr. Nasiri’s visa applications were final consular adjudications on the merits, plaintiffs’ first claim, to compel the defendants to issue final decisions, is denied as moot.
The other claims Dismissed Read by a model
Moreover, because leave to amend the complaint would be futile, the Court dismisses the second claim without leave to amend.
Months pending 106.2 months from the application to the suit; 99.3 months from the application to the agency's action Read by a model
However, in February 2021, the consular officer “refused Mr. Nasiri’s spousal visa application under 8 U.S.C. § 1182(a)(3)(B) for ‘terrorism related activities.’”
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Held moot Read by a model
As defendants’ decisions refusing Mr. Nasiri’s visa applications were final consular adjudications on the merits, plaintiffs’ first claim, to compel the defendants to issue final decisions, is denied as moot.
Nationality Afghanistan Read by a model
Mr. Nasiri is a citizen of Afghanistan.
I-130 category Immediate relative Read by a model
Petition for Alien Relative as the spouse of a U.S. citizen” (a “spousal visa”)

How the case ended

Docket
No. 1:21-cv-01385
Filed
September 15, 2021
Ended
February 7, 2025
Suit's filing to its end
1,241 days
How it ended
Ended once the agency acted
From the record
idb disp 14 (dismissed: other)

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.