Mandamus decisions / District of Columbia

Kolesnikov v. Blinken

District of ColumbiaTanya S. ChutkanDecided August 2, 2024No. 1:23-cv-01675

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
Because Plaintiffs’ visa applications were adjudicated and denied by a consular officer, the consular nonreviewability doctrine bars their claims.
Form or filing DS-160 (nonimmigrant visa) Read by a model
This case concerns Plaintiffs’ efforts to obtain a B-1/B-2 visitor’s visa.
What the suit asked for Not recorded Read by a model
Kind of order A ruling on a motion or the petition Read by a model
For these reasons, the court will GRANT Defendants’ Motion to Dismiss, ECF No. 5.
Motion decided Motion to dismiss for failure to state a claim Read by a model
Defendants have moved to dismiss the Complaint under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6).
Whose motion The government's motion Read by a model
Defendants have moved to dismiss the Complaint under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6).
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
Under the consular nonreviewability doctrine, the court cannot grant that relief, and must dismiss the Complaint.
Prevailing party Government Read by a model
For these reasons, the court will GRANT Defendants’ Motion to Dismiss, ECF No. 5.
The other claims Dismissed Read by a model
Under the consular nonreviewability doctrine, the court cannot grant that relief, and must dismiss the Complaint.
Months pending Not stated Read by a model
TRAC factors The court did not weigh the TRAC factors Read by a model
Threshold rulings Consular nonreviewability applied Read by a model
Because Plaintiffs’ visa applications were adjudicated and denied by a consular officer, the consular nonreviewability doctrine bars their claims.
Nationality Russia Read by a model
Plaintiffs are natives and citizens of the Russian Federation and lawful residents of Dubai, U.A.E.

How the case ended

Docket
No. 1:23-cv-01675
Filed
June 9, 2023
Ended
August 5, 2024
Suit's filing to its end
423 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 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.