Mandamus decisions / Central District of California

Reza Senobarian v. Antony J. Blinken

Central District of CaliforniaOtis D. Wright, IIDecided February 29, 2024No. 2:23-cv-07208

Read the decisionOriginal on CourtListener

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What the decision decided

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Agency Department of State Read by a model
On August 31, 2023, Plaintiffs filed this action, alleging that the State 16 Department failed to properly adjudicate Plaintiffs’ DS160 application in violation of 17 22 C.F.R. § 42.81.
Form or filing 221(g) (consular refusal); DS-160 (nonimmigrant visa) Read by a model
On February 12, 2023, Reza Senobarian (“Senobarian”) filed a Form DS160 6 application for a B1/B2 nonimmigrant visa.
What the suit asked for Finish 221(g) processing Read by a model
mandamus requiring that Defendants adjudicate Plaintiffs’ Form DS160 application 23 for a B1/B2 nonimmigrant 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.
Motion decided Motion to dismiss for lack of jurisdiction Read by a model
Defendants now move to dismiss 21 Plaintiffs’ Complaint under Rule 12(b)(1) for lack of subject matter jurisdiction
Whose motion The government's motion Read by a model
Defendants now move to 24 dismiss Plaintiffs’ Complaint pursuant to Federal Rules of Civil Procedure 25 (“Rule”) 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
the Court DISMISSES Plaintiffs’ Complaint WITHOUT LEAVE TO 20 | AMEND.
Prevailing party Government Read by a model
the Court DISMISSES Plaintiffs’ Complaint WITHOUT LEAVE TO 20 | AMEND.
The delay claim Dismissed Read by a model
the Court DISMISSES Plaintiffs’ Complaint WITHOUT LEAVE TO 20 | AMEND.
Months pending 6.6 months from the application to the suit; 12.6 months from the application to the court's decision Read by a model
On February 12, 2023, Reza Senobarian (“Senobarian”) filed a Form DS160 6 application for a B1/B2 nonimmigrant visa.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Consular nonreviewability applied; No duty to re-adjudicate a 221(g) refusal Read by a model
Having found that the consular office has rendered a decision 6 || for the purposes of 22 C.F.R. § 41.121(a), the doctrine of consular nonreviewability precludes this Court from granting a remedy in this action.

How the case ended

Docket
No. 2:23-cv-07208
Filed
August 31, 2023
Ended
March 1, 2024
Suit's filing to its end
183 days
How it ended
Dismissed on jurisdiction or the merits
From the record
idb disp 17 (judgment: other), judgment for defendant

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.