Passim

Mandamus decisions / Western District of Oklahoma

Foudazi v. Blinken

Western District of OklahomaDavid L. RussellDecided April 23, 2025No. 5:24-cv-01033

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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

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Agency Department of State Read by a model
And Mr. Foudazi asserts that the State Department’s delay in processing his visa application has resulted in financial hardship, including expenses incurred from Mr. Foudazi’s wife traveling back and forth from the United States to Iran to visit him.
Form or filing 221(g) (consular refusal); DS-260 (immigrant visa) Read by a model
In March of 2021, Mr. Foudazi paid the immigrant visa processing fees and filed a DS- 260 online immigrant visa application.
What the suit asked for Finish 221(g) processing Read by a model
Plaintiffs request an order compelling the consular officer to render a final adjudication of Mr. Foudazi’s visa application.
Kind of order A ruling on a motion or the petition Read by a model
Accordingly, the State Department’s Motion is GRANTED in part and DENIED in part.
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 the State Department’s Motion to Dismiss [Doc. No. 7].
Whose motion The government's motion Read by a model
Before the Court is the State Department’s Motion to Dismiss [Doc. No. 7].
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
Plaintiffs ask the Court to compel the consular officer to adjudicate Mr. Foudazi’s visa application under § 706(1) of the APA. The State Department seeks to dismiss this claim on two grounds, both of which are unavailing.
Prevailing party Each side in part Read by a model
Plaintiffs ask the Court to compel the consular officer to adjudicate Mr. Foudazi’s visa application under § 706(1) of the APA. The State Department seeks to dismiss this claim on two grounds, both of which are unavailing.
The delay claim The delay claim goes on Read by a model
Plaintiffs ask the Court to compel the consular officer to adjudicate Mr. Foudazi’s visa application under § 706(1) of the APA. The State Department seeks to dismiss this claim on two grounds, both of which are unavailing.
Months pending 49.3 months from the application to the court's decision Read by a model
In March of 2021, Mr. Foudazi paid the immigrant visa processing fees and filed a DS- 260 online immigrant 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; APA adequate-remedy bar applied (mandamus claim fails) Read by a model
The doctrine of consular nonreviewability is therefore inapplicable under these facts.
Nationality Iran Read by a model
Mohammad Foudazi is an Iranian national seeking an immigrant visa to the United States
I-130 category Immediate relative Read by a model
Reza is his son. Id. ¶ 16. Mr. Foudazi’s family lives in the United States. Id. ¶ 25. In September of 2020, Reza—a naturalized American citizen—filed an I- 130 Petition for Mr. Foudazi.

How the case ended

Docket
No. 5:24-cv-01033
Filed
October 3, 2024
Ended
June 26, 2025
Suit's filing to its end
266 days
How it ended
Ended once the agency acted
From the record
stipulated dismissal 2025-06-20; idb disp 13 (dismissed: settled)

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 Tenth 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.