Passim

Mandamus decisions / District of Columbia

Asim v. Blinken

District of ColumbiaJames E. BoasbergDecided July 8, 2024No. 1:24-cv-00638

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
Unfortunately for Plaintiff, that is where matters still stand: she is awaiting an interview appointment at the appropriate U.S. Embassy (here, Pakistan).
Form or filing 221(g) (consular refusal); DS-260 (immigrant visa) Read by a model
Plaintiff Hibba Asim is a Pakistani citizen who seeks an immigrant visa by way of her marriage to a United States citizen.
What the suit asked for Schedule an interview Read by a model
She asks this Court to compel the Government to schedule her visa interview.
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 failure to state a claim Read by a model
To survive a motion to dismiss under Rule 12(b)(6), conversely, a complaint must “state a claim upon which relief can be granted.”
Whose motion The government's motion Read by a model
For the foregoing reasons, the Court will grant Defendants’ Motion 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 17 months from the application to the court's decision Read by a model
The Court thus turns to the guidance of caselaw to determine the reasonability of this seventeen-month period.
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 neededneutral
Read by a model
The first two factors clearly favor the Government.
The government's delay arguments First-in, first-out processing accepted; Line-jumping accepted Read by a model
Defendants also identify a rationale for their timetable, citing opinions in this district finding that “the government applies ‘a rule of reason’ by applying such a first-in, first-out methodology.”
Threshold rulings None Read by a model
Nationality Pakistan Read by a model
Plaintiff Hibba Asim is a Pakistani citizen
I-130 category Immediate relative Read by a model
Plaintiff Hibba Asim is a Pakistani citizen who seeks an immigrant visa by way of her marriage to a United States citizen.

How the case ended

Docket
No. 1:24-cv-00638
Filed
March 5, 2024
Ended
July 8, 2024
Suit's filing to its end
125 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.