Passim

Mandamus decisions / District of Columbia

Nusrat v. Blinken

District of ColumbiaTimothy J. KellyDecided September 8, 2022No. 1:21-cv-02801

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
Nusrat alleges that Embassy officials then placed the applications in “administrative processing” and have made no final decisions.
Form or filing 221(g) (consular refusal); DS-260 (immigrant visa) Read by a model
which includes submitting [a Form DS-260 visa application] and appearing for an interview with a consular officer.
What the suit asked for Finish 221(g) processing Read by a model
For relief, she seeks a court order requiring adjudication of the visa applications within 15 days and declaratory and injunctive relief from CARRP.
Kind of order A ruling on a motion or the petition Read by a model
For the reasons below, the Court will grant Defendants’ motion and dismiss the case.
Motion decided Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim Read by a model
Defendants move to dismiss Nusrat’s complaint under both Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6).
Whose motion The government's motion Read by a model
Defendants moved 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
For the reasons below, the Court will grant Defendants’ motion and dismiss the case.
Prevailing party Government Read by a model
For the reasons below, the Court will grant Defendants’ motion and dismiss the case.
The delay claim Dismissed Read by a model
Thus, the Court will grant Defendants’ motion to dismiss with respect to the remaining APA and Mandamus Act claims.
The other claims Dismissed Read by a model
For these reasons, the Court will grant Defendants’ motion to dismiss with respect to Nusrat’s challenge to CARRP.
Months pending 32.8 months from the application to the court's decision Read by a model
After her parents submitted visa applications, Embassy officials interviewed her mother and father in December 2019 and January 2020, respectively.
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
These factors favor Defendants.
The government's delay arguments Line-jumping accepted Read by a model
any such order would benefit Nusrat and her parents at the expense of those already in the queue and facing similar burdens and hardships—a result that the D.C. Circuit forecloses.
Threshold rulings Consular nonreviewability rejected Read by a model
But there the Court considered a final decision by the Department of State to deny visa applications, not the type of interim “administrative processing” delays here.
I-130 category Immediate relative Read by a model
Zakia Nusrat is an American citizen who submitted visa petitions on behalf of her noncitizen parents.

How the case ended

Docket
No. 1:21-cv-02801
Filed
October 21, 2021
Ended
September 8, 2022
Suit's filing to its end
322 days
How it ended
Dismissed on jurisdiction or the merits
From the record
order 2022-09-08 for the defendants, ground not stated; 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.