Passim

Mandamus decisions / Central District of California

Nategheh Yavari v. Michael Pompeo

Central District of CaliforniaStephen V. WilsonDecided October 10, 2019No. 2:19-cv-02524

Read the decisionOriginal on CourtListener

2,996 written decisions from 2,731 cases in the whole mandamus and agency-delay group, the group's newest decided November 12, 2026. Updated November 14, 2026 at 1:17 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 1,617 public decisions since January 1, 2025 that a CourtListener and GovInfo search for mandamus and agency delay finds, Passim holds 1,406 (87%), 1,039 of them in this group, measured November 14, 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
Plaintiff Salekian’s waiver application was received by the State Department on August 6, 2018— approximately 14 months ago.
Form or filing 221(g) (consular refusal); DS-260 (immigrant visa) Read by a model
In advance of a scheduled Immigrant Visa Interview on January 25, 2017 at the US Embassy in Ankara, Turkey, the State Department cancelled that interview and designated the case for administrative processing.
What the suit asked for Decide the application Read by a model
seeking mandamus, injunctive, and declaratory relief in regard to Plaintiff Salekian’s application for a waiver of the general suspension of entry of Iranian nationals pursuant to Presidential Proclamation 9645.
Kind of order A ruling on a motion or the petition Read by a model
ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS [12]
Motion decided Motion to dismiss for failure to state a claim Read by a model
Given recent Ninth Circuit caselaw (reversed by the Supreme Court on other grounds) has interpreted § 701(a)(2) narrowly with regard to this very Proclamation, the Court declines to decide this 12(b)(6) motion on those grounds.
Whose motion The government's motion Read by a model
ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS [12]
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
Defendants’ motion is GRANTED, and both Plaintiffs’ mandamus and APA claims are DISMISSED.
Prevailing party Government Read by a model
Defendants’ motion is GRANTED, and both Plaintiffs’ mandamus and APA claims are DISMISSED.
The delay claim Dismissed Read by a model
Defendants’ motion is GRANTED, and both Plaintiffs’ mandamus and APA claims are DISMISSED.
Months pending 8.1 months from the application to the suit; 14.3 months from the application to the court's decision Read by a model
On August 1, 2018, counsel for Plaintiffs submitted an inquiry regarding the status of Plaintiff Salekian’s family-based visa application and filed documents expressly requesting a waiver of Proclamation under Section 3(c).
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
On this record, the Court determines that the first and most important TRAC factor, the “rule of reason,” strongly favors Defendants.
Threshold rulings None Read by a model
Nationality Iran Read by a model
Plaintiff Salekian is her son, an Iranian national currently residing in Tehran.
212(f) proclamation Proclamation 9645 Read by a model
Plaintiff’s initial familybased visa was denied pursuant to Presidential Proclamation 9645.
I-130 category Family preference Read by a model
Plaintiff Yavari is a United States permanent resident and Iranian national

How the case ended

Docket
No. 2:19-cv-02524
Filed
April 3, 2019
Ended
October 10, 2019
Suit's filing to its end
190 days
How it ended
Dismissed, ground not recorded
From the record
idb disp 14 (dismissed: other)

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.