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Mandamus decisions / District of Columbia

Boyer v. United States Citizenship and Immigration Services

District of ColumbiaTanya S. ChutkanDecided October 6, 2022

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
Administrative processing is not a final decision; rather, it allows applicants to provide supplemental information to their application as requested by the State Department to determine their visa eligibility.
Form or filing 221(g) (consular refusal); DS-260 (immigrant visa) Read by a model
After Charles had his required consular interview in 2020, Boyer’s application was denied and placed in administrative processing
What the suit asked for Finish 221(g) processing Read by a model
Boyer challenges the fact that her application remains in administrative processing as unreasonable delay in violation of the Administrative Procedure Act (“APA”), 5 U.S.C. § 555(b), 706(1), and of her 5th Amendment due process rights.
Kind of order A ruling on a motion or the petition Read by a model
The court will therefore grant Defendants’ motion to dismiss. Boyer’s complaint will be dismissed without prejudice.
Motion decided Motion to dismiss for lack of jurisdiction Read by a model
Federal Rule of Civil Procedure 12(b)(1) allows a defendant to seek dismissal because a plaintiff has failed to establish the court’s jurisdiction by a preponderance of the evidence.
Whose motion The government's motion Read by a model
Defendants—USCIS and its Director, the State Department and its Secretary, and the United States Embassy in Haiti and its Ambassador—have moved to dismiss Boyer’s case against them.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
The court will therefore grant Defendants’ motion to dismiss. Boyer’s complaint will be dismissed without prejudice.
Prevailing party Government Read by a model
The court will therefore grant Defendants’ motion to dismiss. Boyer’s complaint will be dismissed without prejudice.
The delay claim Dismissed Read by a model
Because Boyer has failed to establish standing to bring any of her claims, the court need not reach Defendants’ arguments on the merits or as to certain Defendants’ standing.
The other claims Dismissed Read by a model
Because Boyer has failed to establish standing to bring any of her claims, the court need not reach Defendants’ arguments on the merits or as to certain Defendants’ standing.
Months pending 27.2 months from the application to the court's decision Read by a model
After Charles had his required consular interview in 2020, Boyer’s application was denied and placed in administrative processing
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings None Read by a model
Nationality Haiti Read by a model
Plaintiff Ruthmar Boyer is an American citizen married to Makendy Charles, a Haitian citizen and resident.
I-130 category Immediate relative Read by a model
Plaintiff Ruthmar Boyer is an American citizen married to Makendy Charles, a Haitian citizen and resident.

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.