Mandamus decisions / District of Columbia

Amerifar v. U.S. Department of State

District of ColumbiaAna C. ReyesDecided August 22, 2024No. 1:23-cv-03182

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
In February 2023, consular officers at the U.S. Embassy in Yerevan refused Plaintiff’s application pending further administrative processing.
Form or filing 221(g) (consular refusal); DS-260 (immigrant visa) Read by a model
Plaintiff is an Iranian citizen who has applied for an immigrant visa to move to the United States. In February 2023, consular officers at the U.S. Embassy in Yerevan refused Plaintiff’s application pending further administrative processing.
What the suit asked for Finish 221(g) processing Read by a model
the Complaint asserts that the delay in in adjudicating Plaintiff’s application is unreasonable and requests an order requiring prompt adjudication.
Kind of order A ruling on a motion or the petition Read by a model
the Court hereby GRANTS 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 seeks dismissal both under Federal Rule of Civil Procedure 12(b)(1) for lack of subject matter jurisdiction and under Rule 12(b)(6) for failure to state a claim.
Whose motion The government's motion Read by a model
Defendants moved to dismiss the Complaint in January 2024.
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 hereby GRANTS Defendants’ Motion to Dismiss, Dkt. 6; DISMISSES Plaintiff’s Complaint, Dkt. 1, and this case without prejudice; and DIRECTS the Clerk of Court to close this case.
Prevailing party Government Read by a model
For these reasons, the Court hereby GRANTS Defendants’ Motion to Dismiss, Dkt. 6; DISMISSES Plaintiff’s Complaint, Dkt. 1, and this case without prejudice; and DIRECTS the Clerk of Court to close this case.
The delay claim Dismissed Read by a model
The Court sympathizes with Plaintiff’s situation, but his Complaint does not state plausible unreasonable-delay claims. The Court therefore dismisses this case.
Months pending 8 months from the application to the suit; 48.2 months from the application to the court's decision Read by a model
Plaintiff submitted an online visa application form in August 2020
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 TRAC factors favor Defendants.
The government's delay arguments First-in, first-out processing accepted; Line-jumping accepted Read by a model
does not support a reasonable inference that the agency is not processing applications in an orderly, rational way. The first two TRAC factors favor Defendants.
Threshold rulings None Read by a model
Nationality Iran Read by a model
Plaintiff Hamid Reza Amerifar is an Iranian citizen.
I-130 category Family preference Read by a model
His wife, Sohelia Entezari, is a U.S. lawful permanent resident.

How the case ended

Docket
No. 1:23-cv-03182
Filed
October 24, 2023
Ended
August 23, 2024
Suit's filing to its end
304 days
How it ended
Dismissed on jurisdiction or the merits
From the record
idb disp 6 (judgment: motion before trial), judgment for defendant

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.