Mandamus decisions / Eastern District of California

Afzal v. Pompeo

Eastern District of CaliforniaWilliam B. ShubbDecided April 15, 2020No. 2:19-cv-01856

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
United States Citizenship and Immigration 16 Services approved the petition and forwarded it to the National 17 Visa Center, where it was then sent to the United States Embassy 18 in Pakistan.
Form or filing 221(g) (consular refusal); DS-260 (immigrant visa) Read by a model
various government officials to adjudicate Mr. Aslam’s I-130 5 immigrant visa application
What the suit asked for Finish 221(g) processing Read by a model
Aslam’s visa was delayed due to “administrative processing.” 20 (Compl. at 3.) Plaintiffs filed a writ of mandamus seeking to 21 compel adjudication of the application.
Kind of order An order on fees Read by a model
Plaintiffs now move for an award of attorney’s 9 fees and costs pursuant to the Equal Access to Justice Act 10 (“EAJA”), 28 U.S.C. § 2412(d)
Motion decided Fees under EAJA Read by a model
Plaintiffs now move for an award of attorney’s 9 fees and costs pursuant to the Equal Access to Justice Act 10 (“EAJA”), 28 U.S.C. § 2412(d).
Whose motion The plaintiff's motion Read by a model
Plaintiffs now move for an award of attorney’s 9 fees and costs pursuant to the Equal Access to Justice Act 10 (“EAJA”), 28 U.S.C. § 2412(d)
Disposition Attorney's fees An order on attorney's fees or costs after the case, counted for the side that won the fee motion. Read by a model
Plaintiffs now move for an award of attorney’s 9 fees and costs pursuant to the Equal Access to Justice Act 10 (“EAJA”), 28 U.S.C. § 2412(d)
Prevailing party Government Read by a model
Plaintiffs now move for an award of attorney’s 9 fees and costs pursuant to the Equal Access to Justice Act 10 (“EAJA”), 28 U.S.C. § 2412(d)
The delay claim Not decided here Read by a model
This motion for attorney’s fees and costs followed.
Months pending Not stated Read by a model
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings None Read by a model
Nationality Pakistan Read by a model
She married Mr. Aslam, a citizen of Pakistan, on July 5, 2017.
I-130 category Immediate relative Read by a model
Ms. Afzal is a United States citizen. (Compl., Ex. A.) 12 She married Mr. Aslam, a citizen of Pakistan, on July 5, 2017.

How the case ended

Docket
No. 2:19-cv-01856
Filed
September 16, 2019
Ended
January 27, 2020
Suit's filing to its end
133 days
How it ended
Ended once the agency acted
From the record
idb disp 12 (dismissed: voluntarily)

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.