Passim

Mandamus decisions / District of Columbia

Al Ihsan Al-Gharawy v. United States Department of Homeland Security

District of ColumbiaRandolph D. MossDecided July 27, 2022

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What the decision decided

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Agency Department of State Read by a model
Rather, Plaintiffs’ petitions are pending adjudication before consular officials in the U.S. Embassy in Baghdad, and the Court is unaware of any mechanism through which DHS or USCIS can exert authority over the timing of that process.
Form or filing 221(g) (consular refusal); DS-260 (immigrant visa) Read by a model
Bushra Hamza Al-Kaabi submitted Form DS- 260 (Application for Immigrant Visa and Alien Registration) to the NVC on August 18, 2013, and Ihsan Hadi Al-Gharawy submitted the same form on November 20, 2015.
What the suit asked for Finish 221(g) processing Read by a model
Accordingly, Plaintiffs ask the Court to compel Defendants promptly to complete all administrative processing within sixty days.
Kind of order A ruling on a motion or the petition Read by a model
For the foregoing reasons, it is hereby ORDERED that Defendants’ motion to dismiss, Dkt. 8, is GRANTED in part and DENIED in part.
Motion decided Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim Read by a model
On August 27, 2021, Defendants moved to dismiss several Defendants for lack of jurisdiction and the complaint as a whole for failure to state a claim.
Whose motion The government's motion Read by a model
On August 27, 2021, Defendants moved to dismiss several Defendants for lack of jurisdiction and the complaint as a whole for failure to state a claim.
Disposition Dismissed in part; some claims go on The government's motion to dismiss was granted in part: some claims were dismissed and others go on. Read by a model
but is DENIED with respect to claims against the State Department, the Secretary of State, the U.S. Embassy in Iraq, and the U.S. Ambassador to Iraq.
Prevailing party Each side in part Read by a model
but is DENIED with respect to claims against the State Department, the Secretary of State, the U.S. Embassy in Iraq, and the U.S. Ambassador to Iraq.
The delay claim The delay claim goes on Read by a model
but is DENIED with respect to claims against the State Department, the Secretary of State, the U.S. Embassy in Iraq, and the U.S. Ambassador to Iraq.
The other claims Dismissed Read by a model
The Court, accordingly, will dismiss Count Two for failure to state a claim.
Months pending 93.5 months from the application to the suit; 107.3 months from the application to the court's decision Read by a model
Bushra Hamza Al-Kaabi submitted Form DS- 260 (Application for Immigrant Visa and Alien Registration) to the NVC on August 18, 2013
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Consular nonreviewability rejected Read by a model
the Court concludes that the consular nonreviewability doctrine does not apply to this case because a consular officer has not rendered a final decision with respect to Plaintiffs’ applications.
Nationality Iraq Read by a model
her parents, Bushra Hamza Al-Kaabi and Ihsan Hadi Al-Gharawy, both Iraqi citizens
I-130 category Immediate relative Read by a model
On January 24, 2013, Marwah Al Ihsan Al-Gharawy, who is a U.S. citizen, submitted Form I-130 (an Alien Relative Petition) to U.S. Citizenship and Immigration Services (“USCIS”) on behalf of her parents

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.