Passim

Mandamus decisions / Northern District of California

Naghibolashrafi v. Pompeo

Northern District of CaliforniaNathanael M. CousinsDecided March 18, 2020No. 5:19-cv-06602

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
Shortly after her interview, the United States Embassy requested additional information from Hosseini for consideration whether she was eligible for a waiver under the Proclamation.
Form or filing 221(g) (consular refusal) Read by a model
The Embassy estimated that administrative processing of the waiver would be completed in approximately 6 to 10 months.
What the suit asked for Some other action Read by a model
Plaintiffs do not challenge her initial visa denial. They challenge Defendants’ unreasonable delay in processing her waiver eligibility.
Kind of order A ruling on a motion or the petition Read by a model
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
Before the Court is Defendants’ motion to dismiss Plaintiffs’ complaint.
Whose motion The government's motion Read by a model
Before the Court is Defendants’ motion to dismiss Plaintiffs’ complaint.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
The Court GRANTS Defendants’ motion to dismiss. Dismissal is without leave to amend, but also without prejudice to refiling at a later date.
Prevailing party Government Read by a model
The Court GRANTS Defendants’ motion to dismiss.
The delay claim Dismissed Read by a model
Because the delay is not yet unreasonable, the Court GRANTS Defendants’ motion to dismiss.
Months pending 27 months from the application to the suit; 32.1 months from the application to the court's decision Read by a model
In July 2017, Plaintiffs began a visa application for Hosseini, who is an Iranian national living in Tehran, Iran.
TRAC factors The court weighed the TRAC factors
  • 1. Rule of reasonfavors the government
  • 2. Congressional timetableneutral
  • 3. Human health and welfarefavors the applicant
  • 4. Competing prioritiesfavors the government
  • 5. Interests prejudicedfavors the applicant
  • 6. No impropriety neededneutral
Read by a model
Although the Court does not have a fully developed factual record, case law in the immigration context uniformly suggest that delays less than four to six years are not unreasonable.
The government's delay arguments Line-jumping accepted Read by a model
An order by the Court requiring Defendants to immediately adjudicate Hosseini’s waiver eligibility would delay other, competing waiver applications.
Threshold rulings Consular nonreviewability rejected; Mootness argument rejected Read by a model
Plaintiffs’ complaint falls within the first exception. They are not challenging the Embassy’s decision to grant or deny Hosseini a waiver; they are challenging the Embassy’s failure to issue a decision at all.
Nationality Iran Read by a model
In July 2017, Plaintiffs began a visa application for Hosseini, who is an Iranian national living in Tehran, Iran.
212(f) proclamation Proclamation 9645 Read by a model
At the interview, the adjudicating officer told Hosseini that although there was nothing wrong with her application, her visa was refused pursuant to Presidential Proclamation 9645 (“Proclamation”).

How the case ended

Docket
No. 5:19-cv-06602
Filed
October 15, 2019
Ended
March 18, 2020
Suit's filing to its end
155 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. 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.