Mandamus decisions / District of Columbia

MILLIGAN v. POMPEO

District of ColumbiaJames E. BoasbergDecided November 19, 2020No. 1:20-cv-02631

Read the decisionOriginal on CourtListener

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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
Others, unaffected by the Proclamations, face the State Department’s protracted delays in processing their visas.
Form or filing DS-160 (nonimmigrant visa) Read by a model
The fiancé(e) visa, which is formally known as a K-1 visa, is a nonimmigrant visa
What the suit asked for Some other action Read by a model
In that Motion, Proclamation Plaintiffs ask this Court to issue relief that includes enjoining State’s suspension of K-1 visa issuances or, in the alternative, ordering it to grant Plaintiffs a national-interest exception to the Proclamations.
Kind of order A ruling on a motion or the petition Read by a model
The Court will thus grant in part and deny in part Plaintiffs’ Motion.
Motion decided Preliminary injunction or TRO Read by a model
The Court, consequently, will issue a contemporaneous Order granting in part and denying in part Plaintiffs’ Motion for a Preliminary Injunction.
Whose motion The plaintiff's motion Read by a model
Plaintiffs moved for a preliminary injunction and temporary restraining order on September 29, 2020.
Disposition Granted in part The principal motion was granted in part and denied in part. Read by a model
The Court, consequently, will issue a contemporaneous Order granting in part and denying in part Plaintiffs’ Motion for a Preliminary Injunction.
Prevailing party Each side in part Read by a model
The Court agrees with Plaintiffs that State has acted unlawfully in suspending visa issuances based on the Presidential Proclamations, but it finds that Defendants have the better argument on the delay claim.
The delay claim Relief denied Read by a model
Analyzed collectively here, the factors do not weigh in favor of granting relief.
The other claims Relief ordered Read by a model
the Court will enjoin the State Department from relying on the Presidential Proclamations to suspend all visa adjudications for Proclamation Plaintiffs.
Months pending 8 months from the application to the court's decision Read by a model
Plaintiffs collectively target delays that began eight months ago, in March, when U.S. Embassies and Consulates around the world shut down.
TRAC factors The court weighed the TRAC factors
  • 1. Rule of reasonfavors the government
  • 2. Congressional timetablefavors the government
  • 3. Human health and welfarefavors the applicant
  • 4. Competing prioritiesfavors the government
  • 5. Interests prejudicedfavors the applicant
  • 6. No impropriety neededfavors the government
Read by a model
The first two factors, typically considered together, support Defendants to some degree.
Threshold rulings Consular nonreviewability rejected Read by a model
It is therefore inapplicable to this claim, as Plaintiffs do not seek review of any decision but instead of “the Government’s failure to decide.”
212(f) proclamation Proclamation 9984 Read by a model
The State Department has interpreted the Proclamations to suspend its processing of many visas, including fiancé(e) visas, in the Proclamation countries.

Other orders in this case

The group holds 2 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
MILLIGAN v. POMPEOThis decision November 19, 2020 James E. Boasberg Granted in part
MILLIGAN v. POMPEOThe case's latest decision: its outcome is the one counted September 2, 2021 James E. Boasberg Dismissed

How the case ended

Docket
No. 1:20-cv-02631
Filed
September 17, 2020
Ended
September 2, 2021
Suit's filing to its end
190 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.