Passim

Mandamus decisions / District of Columbia

Rezaei v. Garland

District of ColumbiaColleen Kollar-KotellyDecided August 16, 2023No. 1:23-cv-01645

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
Because Congress has provided no statutory timeframe indicating how quickly it requires the State Department to adjudicate and re-adjudicate visa applications, TRAC factor two is inapplicable.
Form or filing 221(g) (consular refusal); DS-160 (nonimmigrant visa) Read by a model
Plaintiff submitted a DS-160 on March 10, 2022 and attended an interview at the U.S. Consulate on June 22, 2022.
What the suit asked for Finish 221(g) processing Read by a model
to render a decision on his F-1 nonimmigrant student visa application, pursuant to the Administrative Procedure Act’s (“APA”) bar on “unreasonabl[e] delay.”
Kind of order A ruling on a motion or the petition Read by a model
For the foregoing reasons, the Court shall shall sua sponte DISMISS Plaintiffs’ [1] Complaint in its entirety.
Motion decided None Read by a model
Whose motion The court on its own Read by a model
The Court therefore concludes that Plaintiff’s Complaint shall be dismissed sua sponte for failure to state a claim under Rule 12(b)(6).
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
The Court therefore concludes that Plaintiff’s Complaint shall be dismissed sua sponte for failure to state a claim under Rule 12(b)(6).
Prevailing party Government Read by a model
The Court therefore concludes that Plaintiff’s Complaint shall be dismissed sua sponte for failure to state a claim under Rule 12(b)(6).
The delay claim Dismissed Read by a model
The Court therefore concludes that Plaintiff’s Complaint shall be dismissed sua sponte for failure to state a claim under Rule 12(b)(6).
Months pending 14.9 months from the application to the suit; 17.2 months from the application to the court's decision Read by a model
Plaintiff submitted a DS-160 on March 10, 2022
TRAC factors The court weighed the TRAC factors
  • 1. Rule of reasonfavors the government
  • 2. Congressional timetablefavors the government
  • 3. Human health and welfareneutral
  • 4. Competing prioritiesfavors the government
  • 5. Interests prejudicedneutral
  • 6. No impropriety neededneutral
Read by a model
Therefore, the Court finds that the first and second TRAC factors do not lend credence to Plaintiff’s claim.
The government's delay arguments First-in, first-out processing accepted; Line-jumping accepted Read by a model
In general, courts in this jurisdiction have regularly found that the Government applies a “rule of reason” to the review of visa petitions by adjudicating applications in the order they were filed.
Threshold rulings None Read by a model
Nationality Iran Read by a model
Plaintiff Sajjad Rezaei is a citizen of Iran

How the case ended

Docket
No. 1:23-cv-01645
Filed
June 7, 2023
Ended
September 16, 2023
Suit's filing to its end
101 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.