Passim

Mandamus decisions / District of Columbia

MOGHADDAM v. POMPEO

District of ColumbiaColleen Kollar-KotellyDecided January 22, 2020No. 1:19-cv-00668

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
Plaintiff Sharei was interviewed by the Consular Section of the U.S. Embassy in Ankara on January 25, 2018.
Form or filing 221(g) (consular refusal); DS-260 (immigrant visa) Read by a model
Plaintiff Sharei’s Immigrant Visa Electronic Application (a DS-260 Application)
What the suit asked for Some other action Read by a model
According to Plaintiffs, they primarily seek injunctive relief related to Plaintiff Sharei’s waiver eligibility.
Kind of order A ruling on a motion or the petition Read by a model
For the foregoing reasons, the Court DENIES 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
Defendants have moved to dismiss the operative Petition for Writ of Mandamus and Complaint for Declaratory and Injunctive Relief (“Compl.”), ECF No. 3–1, under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) for lack of subject-matter jurisdiction and for failure to state a claim.
Whose motion The government's motion Read by a model
Pending before the Court is Defendants’ Motion to Dismiss, ECF No. 10.
Disposition Denied in the applicant's favor The principal motion was denied in full: a motion to dismiss denied so the case goes on, or relief denied on the merits. Read by a model
For the foregoing reasons, the Court DENIES Defendants’ Motion to Dismiss.
Prevailing party Applicant Read by a model
For the foregoing reasons, the Court DENIES Defendants’ Motion to Dismiss.
The delay claim The delay claim goes on Read by a model
For the foregoing reasons, the Court DENIES Defendants’ Motion to Dismiss.
The other claims Not decided here Read by a model
because it is unclear whether Plaintiffs even allege a due process claim, the Court does not consider this argument here.
Months pending 19 months from the application to the suit; 29.4 months from the application to the court's decision Read by a model
Subsequently, on August 9, 2017, Plaintiffs paid the visa processing fees and submitted Plaintiff Sharei’s Immigrant Visa Electronic Application (a DS-260 Application) for an immigrant visa with the U.S. Embassy in Ankara, Turkey.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Consular nonreviewability rejected; Mootness argument rejected Read by a model
The doctrine’s underlying purpose is not served by extending it to this context, and this Court rejects Defendants’ invitation to do so here.
Nationality Iran Read by a model
Plaintiff Vala Moghaddam is a U.S. citizen while his wife, Plaintiff Nahid Sharei, is an Iranian national.
212(f) proclamation Proclamation 9645 Read by a model
Plaintiffs allege that Defendants have denied them timely adjudication of Plaintiff Nahid Sharei’s visa application and associated waiver under Presidential Proclamation 9645
I-130 category Immediate relative Read by a model
Plaintiff Vala Moghaddam is a U.S. citizen while his wife, Plaintiff Nahid Sharei, is an Iranian national.

How the case ended

Docket
No. 1:19-cv-00668
Filed
March 10, 2019
Ended
February 18, 2020
Suit's filing to its end
345 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 D.C. 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.