Mandamus decisions / Eastern District of Virginia

Ameen v. United States Department of State

Eastern District of VirginiaMichael S NachmanoffDecided July 15, 2024No. 1:23-cv-01397

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
Similarly, Ameen submits an affidavit stating “since [the interview], the State Department has not made a final decision on the visa application.”
Form or filing 221(g) (consular refusal); DS-260 (immigrant visa) Read by a model
Ameen alleges violations of the Administrative Procedure Act (“APA”) and her rights under the Due Process Clause of the United States Constitution arising from Defendants’ refusal to issue an immigrant visa to her husband, Mustafa Khaleel S. Al Zehhawi.
What the suit asked for Finish 221(g) processing Read by a model
Defendants to adjudicate her husband’s visa application within 60 days of its issuance;
Kind of order A ruling on a motion or the petition Read by a model
Upon consideration of the pleadings and for the reasons set forth below, the Court will GRANT Defendants’ motion.
Motion decided Motion to dismiss for failure to state a claim Read by a model
The Court need not reach these arguments, however, given Ameen’s failure to state a claim under Fed. R. Civ. P. 12(b)(6).
Whose motion The government's motion Read by a model
This matter comes before the Court on Defendants’ Motion to Dismiss, or in the Alternative, for Summary Judgment.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
Ameen’s Complaint is DISMISSED pursuant to Rule 12(b)(6) for failing to state a claim upon which relief could be granted.
Prevailing party Government Read by a model
The Clerk is directed to enter judgment in favor of Defendants pursuant to Rule 58 and to close this civil action.
The delay claim Dismissed Read by a model
Ameen’s Complaint is DISMISSED pursuant to Rule 12(b)(6) for failing to state a claim upon which relief could be granted.
The other claims Dismissed Read by a model
Accordingly, Ameen’s due process claim is DISMISSED WITH PREJUDICE pursuant to Rule 12(b)(6).
Months pending 7.5 months from the application to the suit; 16.5 months from the application to the court's decision Read by a model
On February 28, 2023, a consular officer conducted an interview with Mr. Al Zehhawi at the U.S. Embassy in Ankara, Turkey.
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Consular nonreviewability applied Read by a model
The Court is barred from reviewing the refusal of Mr. Al Zehhawi’s visa under the doctrine of consular nonreviewability.
Nationality Iraq Read by a model
Her husband, Mr. Al Zehhawi, is an Iraqi citizen currently residing in Iraq.
I-130 category Immediate relative Read by a model
Plaintiff Ameen is an American citizen. Compl. ¶ 1. Her husband, Mr. Al Zehhawi, is an Iraqi citizen currently residing in Iraq.

How the case ended

Docket
No. 1:23-cv-01397
Filed
October 13, 2023
Ended
July 15, 2024
Suit's filing to its end
276 days
How it ended
Dismissed, ground not recorded
From the record
idb disp 14 (dismissed: other)

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 Fourth 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.