Mandamus decisions / District of Columbia

Motevali v. Blinken

District of ColumbiaRudolph ContrerasDecided July 30, 2024No. 1:23-cv-02133

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
The last clear government action occurred on December 1, 2022, when the consular officer refused Ms. Bitarafan’s visa application under section 221(g).
Form or filing 221(g) (consular refusal); DS-260 (immigrant visa) Read by a model
Plaintiffs contend the delay should be measured starting from June 1, 2022—the date that Ms. Bitarafan submitted Form DS- 260.
What the suit asked for Finish 221(g) processing Read by a model
On July 24, 2023, just under eight months after Ms. Bitarafan’s visa application was refused, Plaintiffs filed a four-count complaint to compel Defendants to adjudicate her visa application.
Kind of order A ruling on a motion or the petition Read by a model
For the foregoing reasons, Defendants’ Motion to Dismiss (ECF No. 5) is GRANTED.
Motion decided Motion to dismiss for failure to state a claim Read by a model
Defendants have moved to dismiss Plaintiffs’ complaint under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6).
Whose motion The government's motion Read by a model
Defendants have moved to dismiss Plaintiffs’ complaint under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6).
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
For the foregoing reasons, Defendants’ Motion to Dismiss (ECF No. 5) is GRANTED.
Prevailing party Government Read by a model
For the foregoing reasons, Defendants’ Motion to Dismiss (ECF No. 5) is GRANTED.
The delay claim Dismissed Read by a model
For the foregoing reasons, Defendants’ Motion to Dismiss (ECF No. 5) is GRANTED.
Months pending 7.7 months from the application to the suit; 26 months from the application to the court's decision Read by a model
June 1, 2022—the date that Ms. Bitarafan submitted Form DS- 260.
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 and second TRAC factors weigh in Defendants’ favor.
The government's delay arguments Line-jumping accepted Read by a model
Put slightly differently, granting Plaintiffs’ requested relief would “necessarily come at the expense of” applicants who, like Ms. Bitarafan, have likely also been waiting for months or years for their visas to be adjudicated.
Threshold rulings None Read by a model
Nationality Iran Read by a model
Plaintiff Azam Bitarafan, an Iranian national.
I-130 category Immediate relative Read by a model
Plaintiff Saeid Motevali, a United States citizen, filed an I-130 visa application on behalf of his mother, Plaintiff Azam Bitarafan, an Iranian national.

How the case ended

Docket
No. 1:23-cv-02133
Filed
July 24, 2023
Ended
July 30, 2024
Suit's filing to its end
372 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.