Passim

Mandamus decisions / District of Columbia

Bowness Geiger v. United States Department of State

District of ColumbiaTREVOR N. McFADDENDecided March 31, 2023

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
But the embassy has yet to schedule a consular interview.
Form or filing DS-260 (immigrant visa) Read by a model
The Geigers applied for a visa allowing some foreign citizens to reside permanently in the United States if they can show they have employment in the United States or are employable.
What the suit asked for Schedule an interview Read by a model
The Geigers argue that the Government has unreasonably delayed scheduling their consular interview.
Kind of order A ruling on a motion or the petition Read by a model
The Court will grant the Government’s motion.
Motion decided Motion to dismiss for failure to state a claim Read by a model
A plaintiff must “state a claim to relief that is plausible on its face” to survive a motion to dismiss under Rule 12(b)(6).
Whose motion The government's motion Read by a model
The Government now moves to dismiss for 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 these reasons, the Court will grant the Government’s motion to dismiss.
Prevailing party Government Read by a model
For these reasons, the Court will grant the Government’s motion to dismiss.
The delay claim Dismissed Read by a model
For these reasons, the Court will grant the Government’s motion to dismiss.
The other claims Dismissed Read by a model
Thus, the Geigers’ Fifth Amendment claim will be dismissed for failure to state a claim.
Months pending 26.4 months from the application to the court's decision Read by a model
In January 2021, Mrs. Geiger applied for an employment-based visa for herself and her husband.
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 government
  • 4. Competing prioritiesfavors the government
  • 5. Interests prejudicedfavors the government
  • 6. No impropriety neededneutral
Read by a model
The Court thus finds that the first and second TRAC factors favor the Government.
The government's delay arguments Line-jumping accepted Read by a model
And the Geigers offer no reason that the Court should allow them to skip ahead in the line.
Threshold rulings None Read by a model
Nationality Canada Read by a model
Tara Lynn Bowness Geiger and Nathan Marc Geiger are married Canadians seeking permanent residency in the United States.

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.