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Mandamus decisions / District of Columbia

Desai v. U.S. Citizenship & Immigration Services

District of ColumbiaColleen Kollar-KotellyDecided March 22, 2021

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 USCIS Read by a model
Plaintiff is awaiting USCIS’s adjudication of his petition.
Form or filing I-526 (investor petition) Read by a model
Plaintiff filed a Form I-526 with USCIS on May 7, 2019, based on his investment of $500,000 in a regional center.
What the suit asked for Decide the application Read by a model
Plaintiff seeks an order under the Administrative Procedure Act (“APA”) and the Mandamus Act compelling the Government to reach a decision on his visa petition within 14 days.
Kind of order A ruling on a motion or the petition Read by a model
Accordingly, the Court shall grant the Government’s Motion to Dismiss.
Motion decided Motion to dismiss for failure to state a claim Read by a model
The Government moved to dismiss Plaintiff’s Amended Complaint, arguing that it fails to state a claim of “unreasonable” delay.
Whose motion The government's motion Read by a model
Accordingly, the Court shall grant the Government’s Motion to Dismiss. Because the Court concludes that dismissal of the Amended Complaint is appropriate, it does not reach the question of summary judgment.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
Accordingly, t he Court shall grant the Government’s motion to dismissand shall dismiss the Amended Complaint without prejudice .
Prevailing party Government Read by a model
Accordingly, t he Court shall grant the Government’s motion to dismissand shall dismiss the Amended Complaint without prejudice .
The delay claim Dismissed Read by a model
Accordingly, t he Court shall grant the Government’s motion to dismissand shall dismiss the Amended Complaint without prejudice .
Months pending 22.5 months from the application to the court's decision Read by a model
Plaintiff filed a Form I-526 with USCIS on May 7, 2019, based on his investment of $500,000 in a regional center.
TRAC factors The court weighed the TRAC factors
  • 1. Rule of reasonfavors the government
  • 2. Congressional timetablefavors the applicant
  • 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 first TRAC factor—the time agencies take to make decisions must be governed by a “rule of reason”— weighs in favor of the Government .
The government's delay arguments First-in, first-out processing accepted; Line-jumping accepted Read by a model
Other courts have recognized that a “first in, first out” method supplies an adequate rule of reason to tip this “most important” TRAC factor in the Government’s favor.
Threshold rulings None Read by a model
Nationality India Read by a model
Plaintiff Sangharaj Desai is an Indian national

How the case ended

This decision is not linked to a docket in the docket record yet, so how the case ended is not shown.

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.