Passim

Mandamus decisions / District of Columbia

Augustin v. Blinken

District of ColumbiaJames E. BoasbergDecided July 14, 2023No. 1:23-cv-00076

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
To compel the Government to act, Plaintiffs therefore filed this action against the Secretary of State and other State Department officials.
Form or filing 221(g) (consular refusal); DS-260 (immigrant visa) Read by a model
With their approved I-130 petitions in hand, both Gustave and Chadic submitted their Form DS-260s to the NVC for processing.
What the suit asked for Decide the application Read by a model
Their Complaint asks it to compel Defendants to “ adjudicate Plaintiffs’ Applications immediately.”
Kind of order A ruling on a motion or the petition Read by a model
For the foregoing reasons, the Court will grant Defendants’ Motion to Dismiss.
Motion decided Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim Read by a model
Defendants’ Motion to Dismiss invokes Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6).
Whose motion The government's motion Read by a model
The Government now moves to dismiss
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
For the foregoing reasons, the Court will grant Defendants’ Motion to Dismiss.
Prevailing party Government Read by a model
For the foregoing reasons, the Court will grant Defendants’ Motion to Dismiss.
The delay claim Dismissed Read by a model
For the foregoing reasons, the Court will grant Defendants’ Motion to Dismiss.
Months pending 30 months from the application to the court's decision Read by a model
Given that the delays here are only 30 months for Gustave and 15 months for Chadic, it remains on the reasonable side of that line.
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 neededfavors the government
Read by a model
The first two TRAC factors favor Defendants.
The government's delay arguments Line-jumping accepted Read by a model
That assertion, however, does not grapple with the fact that Plaintiffs’ request here boils down to a request that they “should be prioritized for processing ahead of others.”
Threshold rulings Consular nonreviewability rejected; Mootness argument rejected Read by a model
As a threshold matter, the Government contends that the Court lacks subject-matter jurisdiction over Gustave’s claims because they are barred by the consular non- reviewability doctrine and therefore moot. After explaining why it disagrees,
Nationality Haiti Read by a model
his Haitian -national father, Gustave Augustin
I-130 category Immediate relative Read by a model
Joseph Augustin, a U.S. Citizen, filed I- 130 Immigration Petitions for Alien Relatives on behalf of Plaintiffs, his Haitian -national father, Gustave Augustin, and mother, Marie Therese Gustave Chadic (Chadic), in May 2020.

How the case ended

Docket
No. 1:23-cv-00076
Filed
January 10, 2023
Ended
July 14, 2023
Suit's filing to its end
185 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.