Mandamus decisions / District of Columbia

Ghulam Dastagir v. Pompeo

District of ColumbiaTrevor N. McFaddenDecided July 9, 2021No. 1:20-cv-02286

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
As Dastagir acknowledges, the State Department—the agency responsible for adjudicating the application—“has not published similar statistics.”
Form or filing 221(g) (consular refusal); DS-260 (immigrant visa) Read by a model
This local rule does not apply because, as Dastagir makes clear, she “is challenging the [Government’s] inaction on the immigrant visa application.”
What the suit asked for Finish 221(g) processing Read by a model
The application has since languished in “administrative processing” awaiting adjudication. Frustrated, Dastagir sues various federal officials (collectively, the “Government”). She seeks an order compelling the Government to act on the application.
Kind of order A ruling on a motion or the petition Read by a model
For these reasons, the Court will grant Defendants’ motion to dismiss and deny Plaintiff’s motion for partial summary judgment.
Motion decided Motion to dismiss for failure to state a claim; Summary judgment Read by a model
For these reasons, the Court will grant Defendants’ motion to dismiss and deny Plaintiff’s motion for partial summary judgment.
Whose motion Cross-motions Read by a model
For these reasons, the Court will grant Defendants’ motion to dismiss and deny Plaintiff’s motion for partial summary judgment.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
For these reasons, the Court will grant Defendants’ motion to dismiss and deny Plaintiff’s motion for partial summary judgment.
Prevailing party Government Read by a model
For these reasons, the Court will grant Defendants’ motion to dismiss and deny Plaintiff’s motion for partial summary judgment.
The delay claim Dismissed Read by a model
So it is unnecessary to resolve this question because the Court will dismiss the petition for failure to state a claim of unreasonable delay.
The other claims Dismissed Read by a model
Dastagir’s CARRP claim also hinges on unreasonable delay and thus fails here.
Months pending 39.8 months from the application to the court's decision Read by a model
A consular officer at the Moscow Embassy then interviewed Dastagir’s husband in March 2018. Id. ¶ 14. The officer allegedly informed Dastagir’s husband that the visa application was being placed in “administrative processing.”
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 government
  • 4. Competing prioritiesfavors the government
  • 5. Interests prejudicedfavors the government
  • 6. No impropriety neededneutral
Read by a model
The Court thus finds that the first and second TRAC factors favor the Government.
The government's delay arguments Line-jumping accepted Read by a model
An order requiring adjudication of her visa application necessarily reshuffles the queue of other applicants also waiting for adjudication of their cases.
Threshold rulings None Read by a model
I-130 category Immediate relative Read by a model
In January 2016, U.S. citizen Dastagir filed a Form I-130 on behalf of her husband, who apparently lives in Russia.

How the case ended

Docket
No. 1:20-cv-02286
Filed
August 19, 2020
Ended
July 12, 2021
Suit's filing to its end
327 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.