Passim

Mandamus decisions / Southern District of California

Borzouei v. Bitter

Southern District of CaliforniaMichael M. AnelloDecided December 14, 2022No. 3:22-cv-00872

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
“Since March 2020, the COVID-19 pandemic has dramatically affected the Department of State’s ability to process immigrant visa applications.”
Form or filing DS-260 (immigrant visa) Read by a model
Plaintiff contends that following USCIS approval, he submitted the Immigrant Visa and Alien Registration Application Form (DS-260 confirmation number AA009VXAOR) on December 21, 2020.
What the suit asked for Decide the application Read by a model
First, pursuant to the Administrative Procedure Act (“APA”), 5 U.S.C. § 706(1), Plaintiff asks the Court to compel Defendants to adjudicate the visa.
Kind of order A ruling on a motion or the petition Read by a model
For the following reasons, the Court GRANTS 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
Defendants now move to dismiss both causes of action against them under Rules 12(b)(1) and 12(b)(6).
Whose motion The government's motion Read by a model
Defendants now move to dismiss both causes of action against them.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
For the foregoing reasons, the Court GRANTS Defendants’ motion and DISMISSES this action.
Prevailing party Government Read by a model
For the foregoing reasons, the Court GRANTS Defendants’ motion and DISMISSES this action.
The delay claim Dismissed Read by a model
For the foregoing reasons, the Court GRANTS Defendants’ motion and DISMISSES this action.
Months pending 17.8 months from the application to the suit; 23.8 months from the application to the court's decision Read by a model
Plaintiff contends that following USCIS approval, he submitted the Immigrant Visa and Alien Registration Application Form (DS-260 confirmation number AA009VXAOR) on December 21, 2020.
TRAC factors The court weighed the TRAC factors
  • 1. Rule of reasonfavors the government
  • 2. Congressional timetableneutral
  • 3. Human health and welfareneutral
  • 4. Competing prioritiesfavors the government
  • 5. Interests prejudicedfavors the government
  • 6. No impropriety neededneutral
Read by a model
the Court nonetheless finds that this factor weighs in Defendants’ favor.
The government's delay arguments Line-jumping accepted Read by a model
It is not for the Court to determine priority and it would be inappropriate to direct that Plaintiff “jump the queue.”
Threshold rulings None Read by a model
Nationality Iran Read by a model
Ms. Nilforoush, a national and resident of Iran.
I-130 category Family preference Read by a model
Plaintiff is a lawful permanent resident of the United States. See Compl. ¶ 6. In September 2018, he filed a visa petition, Form I-130, for his wife, Negin Nilforoush, with U.S. Citizenship and Immigration Services (“USCIS”).

How the case ended

Docket
No. 3:22-cv-00872
Filed
June 15, 2022
Ended
December 14, 2022
Suit's filing to its end
182 days
How it ended
Dismissed on jurisdiction or the merits
From the record
idb disp 3 (dismissed: lack of jurisdiction)

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.