Mandamus decisions / District of Columbia

SHATOKHINA v. RUBIO

District of ColumbiaAmit P. MehtaDecided October 22, 2025No. 1:25-cv-00353

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
They also assert that, among other sources of law,1 22 C.F.R. § 42.81(e) requires a consular officer to act on their corrected applications.
Form or filing 221(g) (consular refusal); DS-260 (immigrant visa) Read by a model
Plaintiffs Olga Shatokhina and Anton Shatokhin are citizens of Russia and applicants for EB-2 “National Interest Waiver” immigrant visas for persons holding advanced degrees or of exceptional ability.
What the suit asked for Finish 221(g) processing Read by a model
Plaintiffs ask the court to compel agency action pursuant to the Administrative Procedure Act (APA) and to issue a writ of mandamus.
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. 6, is denied.
Motion decided Other motion to dismiss Read by a model
Defendants move to dismiss on two grounds.
Whose motion The government's motion Read by a model
Defendants move to dismiss on two grounds.
Disposition Denied in the applicant's favor The principal motion was denied in full: a motion to dismiss denied so the case goes on, or relief denied on the merits. Read by a model
For the foregoing reasons, Defendants’ Motion to Dismiss, ECF No. 6, is denied.
Prevailing party Applicant Read by a model
For the foregoing reasons, Defendants’ Motion to Dismiss, ECF No. 6, is denied.
The delay claim The delay claim goes on Read by a model
For the foregoing reasons, Defendants’ Motion to Dismiss, ECF No. 6, is denied.
Months pending 23.4 months from the application to the court's decision Read by a model
on November 9, 2023, they appeared for an interview at the U.S. Embassy in Vienna, Austria
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Consular nonreviewability rejected; Duty to re-adjudicate a 221(g) refusal found Read by a model
As to the defense of consular nonreviewability, courts in this District repeatedly have held that inaction on a visa application designated for further processing is not shielded from review under that doctrine.
Nationality Russia Read by a model
Plaintiffs Olga Shatokhina and Anton Shatokhin are citizens of Russia

How the case ended

Docket
No. 1:25-cv-00353
Filed
February 6, 2025
Ended
December 23, 2025
Suit's filing to its end
320 days
How it ended
Ended once the agency acted
From the record
voluntary dismissal 2025-12-23; idb disp 12 (dismissed: voluntarily)

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.