Passim

Mandamus decisions / District of Columbia

Mirbaha v. Pompeo

District of ColumbiaTimothy J. KellyDecided January 19, 2021No. 1:20-cv-00299

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
The Government argues that Plaintiffs failed to state a claim under the APA because they cannot show the State Department has unreasonably delayed its processing of Ebrahimi’s waiver request.
Form or filing DS-160 (nonimmigrant visa) Read by a model
Pursuant to 8 C.F.R. § 214.2(k), filing that document is necessary in order to obtain a K-1 Visa, which allows the fiancé of a U.S. citizen to travel to the United States.
What the suit asked for Some other action Read by a model
They seek to compel the Government under the APA or the Mandamus Act to finish processing Ebrahimi’s waiver, thereby clearing the way for him to be eligible for the immigration visa.
Kind of order A ruling on a motion or the petition Read by a model
For all these reasons, Defendants’ Motion to Dismiss, ECF No. 6, will be GRANTED.
Motion decided Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim Read by a model
Before the Court is the Government’s motion to dismiss for lack of subject matter jurisdiction and failure to state a claim.
Whose motion The government's motion Read by a model
Before the Court is the Government’s motion to dismiss for lack of subject matter jurisdiction and failure to state a claim.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
Thus, the Court will grant the motion and dismiss the case.
Prevailing party Government Read by a model
Turning to the merits, the Court agrees with the Government that Plaintiffs have not stated a claim under the APA or for mandamus, and that the case must be dismissed.
The delay claim Dismissed Read by a model
Turning to the merits, the Court agrees with the Government that Plaintiffs have not stated a claim under the APA or for mandamus, and that the case must be dismissed.
Months pending 16 months from the application to the suit; 27 months from the application to the court's decision Read by a model
On October 21, 2018, Ebrahimi attended an immigrant visa interview at that U.S. Embassy.
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 neededneutral
Read by a model
The first factor is the most important, In re Core Comms., Inc. , 531 F.3d 849, 855 (D.C. Cir. 2008), and it—along with the second factor—favors the Government.
The government's delay arguments Line-jumping accepted Read by a model
The fourth factor, which requires accounting for the effects of expedited action on “agency activities of equal or greater priority,” favors the Government.
Threshold rulings Consular nonreviewability rejected; Mootness argument rejected Read by a model
Thus, the consular nonreviewability doctrine does not bar Plaintiffs’ claims.
Nationality Iran Read by a model
Ebrahimi is an Iranian national who resides in Tehran, Iran.
212(f) proclamation Proclamation 9645 Read by a model
Ebrahimi’s request for a waiver from Presidential Proclamation 9645, which otherwise bars him from receiving an immigration visa to join his fianceé in the United States.

How the case ended

Docket
No. 1:20-cv-00299
Filed
February 4, 2020
Ended
January 19, 2021
Suit's filing to its end
350 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 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.