Mandamus decisions / District of Columbia

Nepal v. Department of State

District of ColumbiaTREVOR N. McFADDENDecided May 12, 2022No. 1:21-cv-01073

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
The State Department interpreted PP10014 as limiting its ability to issue diversity visas and stopped adjudicating DV2021 applications altogether.
Form or filing DS-260 (immigrant visa) Read by a model
Each submitted the required DS-260 and accompanying documents and were accordingly eligible for a consular interview.
What the suit asked for Decide the application Read by a model
order the Department to adjudicate their pending DS260 applications;
Kind of order A ruling on a motion or the petition Read by a model
The Court will grant the 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
The Court will grant the motion to dismiss. Because the Department cannot grant Applicants a diversity visa after the fiscal year has expired, most of their claims for injunctive and declaratory relief are moot. The remaining claims either must be dismissed for lack of subject matter jurisdiction or for failure to state a claim.
Whose motion The government's motion Read by a model
The Government now moves to dismiss.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
The Government’s Motion to Dismiss will therefore be granted and this case dismissed.
Prevailing party Government Read by a model
The Government’s Motion to Dismiss will therefore be granted and this case dismissed.
The delay claim Moot: the agency acted Read by a model
The Applicants’ claims for injunctive and mandamus relief are straightforwardly moot because the Court cannot lawfully grant them.
The other claims Dismissed Read by a model
The Government’s Motion to Dismiss will therefore be granted and this case dismissed.
Months pending Not stated at filing The agency acted before this decision, so the months up to the decision are not a delay and are not shown. Read by a model
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Consular nonreviewability rejected; Held moot; Mootness argument rejected Read by a model
So, as other courts have found in similar cases, the doctrine of consular nonreviewability does not apply here.

How the case ended

Docket
No. 1:21-cv-01073
Filed
April 19, 2021
Ended
May 12, 2022
Suit's filing to its end
388 days
How it ended
Dismissed on jurisdiction or the merits
From the record
idb disp 3 (dismissed: lack of jurisdiction)

A voluntary or stipulated dismissal is how most suits end once the agency acts; the docket rarely says why.

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.