Mandamus decisions / Eastern District of California

Motaghedi v. Blinken

Eastern District of CaliforniaDale A. DrozdDecided January 30, 2020No. 1:19-cv-01466

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
Plaintiffs contend that a group within the Department of State, known as the “PP 9645 Brain Trust,” has implemented a policy and procedure stripping consular officers of the discretion granted to them by PP 9645.
Form or filing 221(g) (consular refusal); DS-160 (nonimmigrant visa); DS-260 (immigrant visa) Read by a model
Plaintiffs allege they have fulfilled all requirements to obtain family-based or fiancé-based visas.
Kind of order A ruling on a motion or the petition Read by a model
For the reasons set forth below, the Court GRANTS IN PART and DENIES IN PART Defendants’ motion to dismiss.
Motion decided Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim Read by a model
Accordingly, this Court will analyze Defendants’ motion under both Rule 12(b)(1) and Rule 12(b)(6).
Whose motion The government's motion Read by a model
On December 16, 2019, Defendants filed a motion to dismiss
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
The Court nevertheless analyzes the TRAC factors and finds that Plaintiffs have stated a plausible claim for unreasonable delay under the APA.
Prevailing party Each side in part Read by a model
The Court nevertheless analyzes the TRAC factors and finds that Plaintiffs have stated a plausible claim for unreasonable delay under the APA.
The delay claim The delay claim goes on Read by a model
The Court nevertheless analyzes the TRAC factors and finds that Plaintiffs have stated a plausible claim for unreasonable delay under the APA.
The other claims Dismissed Read by a model
Defendants’ motion to dismiss Plaintiffs’ Fifth Amendment Equal Protection claim is granted with leave to amend.
Months pending Not stated Read by a model
TRAC factors The court weighed the TRAC factors
  • 1. Rule of reasonfavors the applicant
  • 2. Congressional timetablenot reached
  • 3. Human health and welfarefavors the applicant
  • 4. Competing prioritiesnot reached
  • 5. Interests prejudicedfavors the applicant
  • 6. No impropriety needednot reached
Read by a model
Nothing in these cases suggests Plaintiffs were outside of the United States while awaiting visa adjudications.
Threshold rulings Consular nonreviewability rejected Read by a model
In other words, Plaintiffs appear to challenge the pre-waiver implementation of PP 9645, which falls outside the doctrine of consular nonreviewability.
Nationality Iran Read by a model
their Iranian national relatives or fiancées applying for visas
212(f) proclamation Proclamation 9645 Read by a model
Their visas have been refused pursuant to PP 9645.

Other orders in this case

The group holds 3 decisions from this suit, oldest first. Outcome counts on these pages count the case once, by its latest decision. How decisions are grouped into cases.

DecisionDecidedJudgeDisposition
Motaghedi v. Blinken January 14, 2020 Dale A. Drozd Denied in the government's favor
Motaghedi v. BlinkenThis decision January 30, 2020 Dale A. Drozd Dismissed in part; some claims go on
Motaghedi v. BlinkenThe case's latest decision: its outcome is the one counted March 30, 2021 Dale A. Drozd Procedural order

How the case ended

Docket
No. 1:19-cv-01466
Filed
October 15, 2019
Ended
April 22, 2021
Suit's filing to its end
555 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 3, 2026. Check the current status before relying on one.