Passim

Mandamus decisions / Eastern District of California

Zargarian v. Oudkirk

Eastern District of CaliforniaDale A. DrozdDecided May 1, 2025No. 2:24-cv-02008

Read the decisionOriginal on CourtListener

2,914 written decisions from 2,661 cases in the whole mandamus and agency-delay group, the group's newest decided October 30, 2026. Updated November 3, 2026 at 1:24 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 1,606 public decisions since January 1, 2025 that a CourtListener and GovInfo search for mandamus and agency delay finds, Passim holds 1,371 (85%), measured November 3, 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
Then, “consular staff at the U.S. Embassy in Ankara sent a list of questions consistent with Form DS-5535, Supplemental Questions for Visa Applicants, to” plaintiff’s sister.
Form or filing 221(g) (consular refusal); DS-260 (immigrant visa) Read by a model
The court therefore finds “section 1202(b) imposes a clear duty” on defendants to adjudicate plaintiff’s sister’s immigrant visa application.
What the suit asked for Finish 221(g) processing Read by a model
Plaintiff seeks relief in the form of an order compelling defendants to adjudicate his sister’s visa application.
Kind of order A ruling on a motion or the petition Read by a model
defendants’ motion to dismiss will be granted in part and denied in part, and defendants’ motion for summary judgment in their favor will be denied.
Motion decided Motion to dismiss for failure to state a claim; Summary judgment Read by a model
This matter is before the court on defendants’ motion to dismiss and motion for summary judgment filed on September 24, 2024.
Whose motion The government's motion Read by a model
This matter is before the court on defendants’ motion to dismiss and motion for summary judgment filed on September 24, 2024.
Disposition Dismissed in part; some claims go on The government's motion to dismiss was granted in part: some claims were dismissed and others go on. Read by a model
Defendants’ motion to dismiss plaintiff’s APA claim is denied;
Prevailing party Each side in part Read by a model
Defendants’ motion to dismiss plaintiff’s APA claim is denied;
The delay claim The delay claim goes on Read by a model
Defendants’ motion to dismiss plaintiff’s APA claim is denied;
The other claims Dismissed Read by a model
Defendants’ motion to dismiss plaintiff’s due process claim is granted without leave to amend;
Months pending 10.3 months from the application to the suit; 19.5 months from the application to the court's decision Read by a model
in September 2023, plaintiff’s sister was interviewed at the U.S. Embassy in Turkey in connection with her visa application.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Consular nonreviewability rejected; Duty to re-adjudicate a 221(g) refusal found Read by a model
Therefore, the consular nonreviewability doctrine does not apply to bar plaintiff’s claim.
I-130 category Family preference Read by a model
In July 2009, plaintiff properly filed with United States Citizenship and Immigration Service (“USCIS”) an I-130 form seeking to establish a qualifying relationship with his sister who lives in Iran to lay the groundwork for her visa application.

How the case ended

Docket
No. 2:24-cv-02008
Filed
July 24, 2024
Ended
October 30, 2026
Suit's filing to its end
828 days
How it ended
Ended once the agency acted
From the record
voluntary dismissal 2026-10-26

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.