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Mandamus decisions / Eastern District of California

Kassem v. Blinken

Eastern District of CaliforniaKirk E. SherriffDecided September 24, 2021No. 1:21-cv-01400

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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
Despite the plaintiffs following subsequent State Department instructions to complete their applications, no further processing of the applications has occurred.
Form or filing DS-260 (immigrant visa) Read by a model
Plaintiff Osamah alleges that he completed his diversity visa application, as did plaintiff Raina and the Minor Plaintiffs as derivative applicants of plaintiff Osamah’s application.
What the suit asked for Decide the application Read by a model
As noted above, plaintiffs filed a motion for preliminary injunction to compel defendants to conduct consular visa interviews and issue final decisions on plaintiffs’ pending visa applications by September 28, 2021.
Kind of order A ruling on a motion or the petition Read by a model
For the reasons explained below, the court will grant plaintiffs’ motion for preliminary injunction.
Motion decided Preliminary injunction or TRO Read by a model
For the reasons explained below, the court will grant plaintiffs’ motion for preliminary injunction.
Whose motion The plaintiff's motion Read by a model
On the same day, plaintiffs filed an ex parte motion for an emergency preliminary injunction.
Disposition Granted in the applicant's favor The principal motion was granted in full: summary judgment for either side, an injunction or TRO, a writ or order to act, fees. A motion to dismiss granted in full counts as Dismissed; a transfer is listed apart. Read by a model
For the reasons explained below, the court will grant plaintiffs’ motion for preliminary injunction.
Prevailing party Applicant Read by a model
For the reasons explained below, the court will grant plaintiffs’ motion for preliminary injunction.
The delay claim Relief ordered Read by a model
Therefore, the court mandates defendants and their agents, employees, officers, and representatives to review the documents, schedule a consular visa interview, and issue a decision
The other claims Not decided here Read by a model
Plaintiffs’ fourth cause of action arises under the Take Care Clause of the United States Constitution, seeking a judgment that the Department of State’s suspension of and alleged untimely adjudication of visa applications is invalid
Months pending 15 months from the application to the court's decision Read by a model
their failure to do so unlawfully delayed the processing of plaintiffs’ applications despite plaintiff Osamah’s selection for that processing fifteen months ago.
TRAC factors The court weighed the TRAC factors
  • 1. Rule of reasonfavors the applicant
  • 2. Congressional timetablefavors the applicant
  • 3. Human health and welfarefavors the applicant
  • 4. Competing prioritiesneutral
  • 5. Interests prejudicedfavors the applicant
  • 6. No impropriety neededneutral
Read by a model
Accordingly, the undersigned rejects the government’s argument in this regard and concludes that consideration of the TRAC factors one and two favor the granting of plaintiffs’ motion for preliminary injunctive relief.
The government's delay arguments Line-jumping found neutral Read by a model
The court therefore concludes that consideration of the fourth TRAC factor is neutral in this context.
Threshold rulings Consular nonreviewability rejected Read by a model
But here, like the plaintiffs in Mohamed found to have had standing, the consular nonreviewability doctrine is wholly inapplicable because, as discussed below, no visa determination has been made.
Nationality Yemen Read by a model
Plaintiffs Osamah, Raina, and the Minor Plaintiffs are Yemeni nationals

How the case ended

Docket
No. 1:21-cv-01400
Filed
September 20, 2021
Ended
January 6, 2022
Suit's filing to its end
108 days
How it ended
Dismissed, ground not recorded
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.

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.