Passim

Mandamus decisions / District of Columbia

Makttoof v. Blinken

District of ColumbiaJohn D. BatesDecided March 27, 2025

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What the decision decided

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Agency Department of State Read by a model
Makttoof claims she has experienced an unreasonable delay and asks this Court to order State Department officials to render a final decision on her application.
Form or filing 221(g) (consular refusal); DS-260 (immigrant visa) Read by a model
Approximately two years have passed since Vian Abdulkareem Makttoof ’s consular interview seeking an immigrant visa, and her visa application remains in a bureaucratic purgatory known as “administrative processing.”
What the suit asked for Finish 221(g) processing Read by a model
Makttoof claims she has experienced an unreasonable delay and asks this Court to order State Department officials to render a final decision on her application.
Kind of order A ruling on a motion or the petition Read by a model
For the above reasons, it is hereby ORDERED that [11] the defendants’ motion to dismiss is GRANTED;
Motion decided Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim Read by a model
For the above reasons, it is hereby ORDERED that [11] the defendants’ motion to dismiss is GRANTED;
Whose motion The government's motion Read by a model
The defendants moved to dismiss
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
it is further ORDEREDthat this case is DISMISSED without prejudice.
Prevailing party Government Read by a model
But while the defendants’ threshold defenses fail, their merits defense succeeds: the nearly two-year delay in rendering a final decision on Makttoof ’s immigrant visa application is not unreasonable.
The delay claim Dismissed Read by a model
it is further ORDEREDthat this case is DISMISSED without prejudice.
Months pending 13.3 months from the application to the suit; 23.9 months from the application to the court's decision Read by a model
she completed an interview at the U.S. Embassy in Ankara, Turkey on March 30, 2023.
TRAC factors The court weighed the TRAC factors
  • 1. Rule of reasonfavors the government
  • 2. Congressional timetablefavors the applicant
  • 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 factor— whether the agency’s response time is governed by a “rule of reason”—favors State because “processing visas takes a baseline amount of time.”
The government's delay arguments Line-jumping accepted Read by a model
“The most important factors—those regarding the length of the delay and concerns about line-jumping—weigh in favor of granting the motion to dismiss.”
Threshold rulings Consular nonreviewability rejected; Duty to re-adjudicate a 221(g) refusal found Read by a model
Accordingly, what Makttoof asks of this Court is not the forbidden review of a final decision but rather the permissible review of its absence.
I-130 category Immediate relative Read by a model
Makttoof ’s U.S.-citizen husband filed a Form I-130 on her behalf, and USCIS approved it in January 2023.

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.