Passim

Mandamus decisions / Eastern District of New York

Sharifi v. Blinken

Eastern District of New YorkOrelia E. MerchantDecided April 25, 2024No. 1:23-cv-05112

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What the decision decided

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Agency Department of State Read by a model
On February 13, 2023, Mahin was interviewed by the Consular Section of the U.S. Embassy in Abu Dhabi.
Form or filing 221(g) (consular refusal); DS-260 (immigrant visa) Read by a model
Plaintiffs allege that Mahin is “yet to receive a final decision on the pending visa application,”
What the suit asked for Finish 221(g) processing Read by a model
challenge what Plaintiffs characterize as an unreasonable delay in the administrative processing of Mahin’s visa application.
Kind of order A ruling on a motion or the petition Read by a model
the Government’s motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) is granted without prejudice.
Motion decided Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim Read by a model
For the following reasons, the Government’s motion to dismiss claims under Federal Rule of Civil Procedure 12(b)(1) is denied, and the Government’s motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) is granted without prejudice.
Whose motion The government's motion Read by a model
The Government has moved to dismiss this action for lack of subject matter jurisdiction and for failure to state a claim
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
Accordingly, this action is dismissed in entirety without prejudice.
Prevailing party Government Read by a model
Accordingly, this action is dismissed in entirety without prejudice.
The delay claim Dismissed Read by a model
Accordingly, this action is dismissed in entirety without prejudice.
Months pending 4.7 months from the application to the suit; 14.4 months from the application to the court's decision Read by a model
On February 13, 2023, Mahin was interviewed by the Consular Section of the U.S. Embassy in Abu Dhabi.
TRAC factors The court weighed the TRAC factors
  • 1. Rule of reasonfavors the government
  • 2. Congressional timetablenot reached
  • 3. Human health and welfarenot reached
  • 4. Competing prioritiesnot reached
  • 5. Interests prejudicednot reached
  • 6. No impropriety needednot reached
Read by a model
Without further allegations absent here, this delay of barely over a year falls far short of the amount of delay required to sustain a claim for unreasonable delay under the APA.
Threshold rulings Consular nonreviewability rejected; Mootness argument rejected; APA adequate-remedy bar applied (mandamus claim fails) Read by a model
Because Plaintiff’s complaint is not barred by the doctrine of consular nonreviewability, the Court denies the Government’s motion to dismiss for lack of subject matter jurisdiction.
Nationality Iran Read by a model
Mahin, a citizen and resident of Iran
I-130 category Immediate relative Read by a model
Sharifi, a United States citizen, filed an I-130 Petition for Alien Relative on or about June 15, 2020, on behalf of his 70-year-old mother Mahin, a citizen and resident of Iran.

How the case ended

Docket
No. 1:23-cv-05112
Filed
July 5, 2023
Ended
April 26, 2024
Suit's filing to its end
296 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 Second 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.