Passim

Mandamus decisions / District of Columbia

Noori v. Blinken

District of ColumbiaTimothy J. KellyDecided March 5, 2024No. 1:23-cv-01463

Read the decisionOriginal on CourtListener

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What the decision decided

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Agency Department of State Read by a model
In February 2023, a consular officer at the U.S. Embassy in Yerevan, Armenia interviewed Noori’s father.
Form or filing 221(g) (consular refusal); DS-260 (immigrant visa) Read by a model
USCIS approved the application, leading Noori’s father to file his Form DS-260 in April 2022.
What the suit asked for Finish 221(g) processing Read by a model
Three months later, Noori and her father sued, arguing that Defendants have unreasonably delayed resolving the visa application, and seeking to compel them to complete that processing and issue a final decision.
Kind of order A ruling on a motion or the petition Read by a model
For all these reasons, the Court will grant Defendants’ motion and dismiss the case.
Motion decided Motion to dismiss for failure to state a claim Read by a model
A Rule 12(b)(6) motion to dismiss tests the legal sufficiency of a plaintiff’s complaint
Whose motion The government's motion Read by a model
Defendants move to dismiss on several grounds.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
For all these reasons, the Court will grant Defendants’ motion and dismiss the case.
Prevailing party Government Read by a model
For all these reasons, the Court will grant Defendants’ motion and dismiss the case.
The delay claim Dismissed Read by a model
For all these reasons, the Court will grant Defendants’ motion and dismiss the case.
The other claims Dismissed Read by a model
Count Two fails to state a claim under § 706(2), but for a different reason.
Months pending 13 months from the application to the suit; 22.7 months from the application to the court's decision Read by a model
USCIS approved the application, leading Noori’s father to file his Form DS-260 in April 2022.
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 neededfavors the government
Read by a model
Factors one and two therefore favor Defendants.
The government's delay arguments Line-jumping accepted Read by a model
And they offer no reason for the Court to bump them to the front of the line.
Threshold rulings None Read by a model
I-130 category Immediate relative Read by a model
In June 2021, Noori, a U.S. citizen, filed a Form I-130 on behalf of her father, who lives in Iran.

How the case ended

Docket
No. 1:23-cv-01463
Filed
May 22, 2023
Ended
March 5, 2024
Suit's filing to its end
288 days
How it ended
Dismissed on jurisdiction or the merits
From the record
order 2024-03-05 for the defendants, ground not stated; 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.