Mandamus decisions / District of Maryland

Dieter Canaza v. Platek

District of MarylandBrendan Abell HursonDecided March 24, 2026No. 1:25-cv-00303

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What the decision decided

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Agency Department of State Read by a model
Nor does the Supreme Court's decision in Loper Bright alter the Court's conclusion that the timing of the DS-5535 falls within the Department of State's statutorily authorized discretion.
Form or filing 221(g) (consular refusal); DS-160 (nonimmigrant visa) Read by a model
filed a DS-160 (Online Nonimrnigrant Visa Application) with the National Visa Center
What the suit asked for Finish 221(g) processing Read by a model
At bottom, Plaintiffs contest the delay in adjudication· of their visa applications.
Kind of order A ruling on a motion or the petition Read by a model
Defendants' Motion is GRANTED as described below.
Motion decided Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim Read by a model
Defendants' motion to dismiss for lack of subject matter jurisdiction is granted in part and denied in part, their motion to sever and drop misjoined Plaintiffs is granted, and their motion to dismiss for failure to state a claim is granted as to the remaining Plaintiffs.
Whose motion The government's motion Read by a model
Pending before the Court is Defendants' motion to dismiss the complaint, drop misjoined parties, and sever claims
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
The end result is that the relief requested in Defendants' Motion ( dismissal of all claims) is granted.
Prevailing party Government Read by a model
The end result is that the relief requested in Defendants' Motion ( dismissal of all claims) is granted.
The delay claim Dismissed Read by a model
Plaintiffs Doe and Canaza's unreasonable delay and mandamus claims a~e dismissed for failure to state a claim.
The other claims Dismissed Read by a model
Count Three-Plaintiffs' Challenge to DS-5535 and § 221 (g) "Schemes" Is Dismissed Under Rule 12(b)(l) as Nonjusticiable.
Months pending 25.8 months from the application to the court's decision Read by a model
Plaintiffs Canaza and Doe have been in administrative processing since January 29, 2024
TRAC factors The court weighed the TRAC factors
  • 1. Rule of reasonfavors the government
  • 2. Congressional timetablenot reached
  • 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
[t]he most important factors-those regarding the length of the delay and concerns about line-jumping-weigh in favor of granting the motion to dismiss
The government's delay arguments Line-jumping accepted Read by a model
[t]he most important factors-those regarding the length of the delay and concerns about line-jumping-weigh in favor of granting the motion to dismiss
Threshold rulings None Read by a model
Nationality Iran Read by a model
Plaintiffs are eleven United States citizens and their respective Iranian fiance(e)s who have applied for K-1 nonimmignint visas to the United States.

How the case ended

Docket
No. 1:25-cv-00303
Filed
January 30, 2025
Ended
March 24, 2026
Suit's filing to its end
418 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 Fourth 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.