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Mandamus decisions / Eastern District of California

Tadayyon v. Blinken

Eastern District of CaliforniaJeremy D. PetersonDecided May 16, 2025No. 2:24-cv-02387

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What the decision decided

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Agency Department of State Read by a model
On March 4, 2024, Moussavi attended an immigration visa 17 interview in Yerevan, but the consular officer informed Moussavi that his case required further 18 administrative processing .
Form or filing 221(g) (consular refusal); DS-260 (immigrant visa) Read by a model
On September 21, 2021, Moussavi filed a Form DS-260
What the suit asked for Finish 221(g) processing Read by a model
The first seeks a writ of 1 mandamus compelling defendants to act on plaintiffs’ visa application within a reasonable time, 2 pursuant to the INA and federal regulations.
Kind of order A ruling on a motion or the petition Read by a model
Defendants’ motion to dismiss and for summary judgment, ECF No. 9, is GRANTED.
Motion decided Motion to dismiss for failure to state a claim; Summary judgment Read by a model
Defendants move to dismiss under Federal Rule of Civil Procedure 12(b)(6), or, in the 15 alternative, for summary judgment under Rule 56.
Whose motion The government's motion Read by a model
Defendants move to dismiss under Federal Rule of Civil Procedure 12(b)(6), or, in the 15 alternative, for summary judgment under Rule 56.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
Defendants’ motion to dismiss and for summary judgment, ECF No. 9, is GRANTED.
Prevailing party Government Read by a model
Judgment is entered in defendants’ favor.
The delay claim Relief denied Read by a model
Defendants’ motion to dismiss and for summary judgment, ECF No. 9, is GRANTED. 20 2. Judgment is entered in defendants’ favor.
Months pending 35.4 months from the application to the suit; 43.8 months from the application to the court's decision Read by a model
On September 21, 2021, Moussavi filed a Form DS-260
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
The first 18 factor thus weighs in defendants’ favor.
The government's delay arguments Line-jumping accepted Read by a model
This factor favors the defendants; plaintiffs are not alone in their circumstances, and ordering 19 defendants to prioritize plaintiff’s application only further delays the resolution of other 20 applications.
Threshold rulings Consular nonreviewability rejected; Duty to re-adjudicate a 221(g) refusal found; APA adequate-remedy bar applied (mandamus claim fails) Read by a model
the court finds that the 15 doctrine of consular nonreviewability does not bar plaintiffs ’ claims.
Nationality Iran Read by a model
who is an Iranian citizen
I-130 category Family preference Read by a model
Plaintiff Tadayyon is a lawful permanent resident. ECF No. 1 at 3. Tadayyon received 12 approval for a Form I-130 on behalf of her spouse, plaintiff Moussavi

How the case ended

Docket
No. 2:24-cv-02387
Filed
September 4, 2024
Ended
May 16, 2025
Suit's filing to its end
254 days
How it ended
Dismissed on jurisdiction or the merits
From the record
idb disp 6 (judgment: motion before trial), 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.