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Mandamus decisions / District of Columbia

Aghazadeh v. Garland

District of ColumbiaColleen Kollar-KotellyDecided August 1, 2024

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What the decision decided

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Agency Department of State Read by a model
Because Congress has provided no statutory timeframe indicating how quickly it requires the State Department ’s adjudication and re-adjudication of visa applications, TRAC factor twois inapplicable.
Form or filing 221(g) (consular refusal); DS-260 (immigrant visa) Read by a model
Plaintiff Khoei then submitted his DS -260 visa application by October 2020.
What the suit asked for Finish 221(g) processing Read by a model
On August 17, 2022, Plaintiff Khoei was informed that his application was placed in administrative processing pursuant to Section 221(g) of the Immigration and Nationality Act (“INA”).
Kind of order A ruling on a motion or the petition Read by a model
For the foregoing reasons, the Court shall GRANT Defendants’ [10] Motion to Dismiss.
Motion decided Motion to dismiss for failure to state a claim Read by a model
Accordingly, the Court concludes that it may consider whether Plaintiffs’ Complaint meets the Rule 12(b)(6) pleading standards.
Whose motion The government's motion Read by a model
Pending before the Court is Defendants’ [10] Motion to Dismiss pursuant to Federal Rule of Civil Procedure (“Rule”) 12(b)(1) and Rule 12(b)(6) (“Motion” or “Defs.’ Mot.”).
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
The Court shall therefore DISMISS Plaintiffs’ [1] Complaint in its entirety.
Prevailing party Government Read by a model
For the foregoing reasons, the Court shall GRANT Defendants’ [10] Motion to Dismiss.
The delay claim Dismissed Read by a model
The Court shall therefore DISMISS Plaintiffs’ [1] Complaint in its entirety.
Months pending 36.1 months from the application to the suit; 45.5 months from the application to the court's decision Read by a model
Plaintiff Khoei then submitted his DS -260 visa application by October 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
In sum, TRAC factors one, two, and four favor Defendants, TRAC factors three and five favor Plaintiffs, and TRAC factor six is neutral.
The government's delay arguments First-in, first-out processing accepted; Line-jumping accepted Read by a model
Simply put, the inquiry begins and ends with the consistent application of the “first-in, first-out” methodology.
Threshold rulings Consular nonreviewability rejected; Duty to re-adjudicate a 221(g) refusal found Read by a model
Here, the doctrine of consular non- reviewability does not preclude the Court from reviewing the adjudication of Plaintiff Khoei’s visa application , as it remains in administrative processing.
Nationality Iran Read by a model
Plaintiff Khoei is an Iranian national who applied for a visa at the United States Embassy in Turkey.
I-130 category Immediate relative Read by a model
Plaintiff Aghazadeh, who is a U.S. citizen, filed an I-130 petition for his father (Plaintiff Khoei) .

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.