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Mandamus decisions / District of Columbia

Pourshakouri v. Pompeo

District of ColumbiaRichard J. LeonDecided August 11, 2021No. 1:20-cv-00402

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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
To this end, a consular officer contacted Hossein on March 30, 2021 requesting updated materials.
Form or filing 221(g) (consular refusal); DS-260 (immigrant visa) Read by a model
The next step in the process requires the foreign relative to complete Form DS- 260, Electronic Application for Immigrant Visa and Alien Registration.
What the suit asked for Finish 221(g) processing Read by a model
seeking to compel the U.S. Government (“Government”) to adjudicate Hossein’s immigrant visa application.
Kind of order A ruling on a motion or the petition Read by a model
For the foregoing reasons, the Court GRANTS defendants’ Motion to Dismiss under Federal Rule of Civil Procedure 12(b)(6), DENIES plaintiffs’ Cross-Motion for Summary Judgment, and DISMISSES the action.
Motion decided Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim; Summary judgment Read by a model
the Court GRANTS defendants’ Motion to Dismiss under Federal Rule of Civil Procedure 12(b)(6), DENIES plaintiffs’ Cross-Motion for Summary Judgment, and DISMISSES the action.
Whose motion Cross-motions Read by a model
Presently before the Court are defendants’ Motion to Dismiss (“Defs.’ Mot.”) [Dkt. #7] and plaintiffs’ Cross-Motion for Summary Judgment (“Pls.’ Mot.’’) [Dkt. #12].
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
the Court GRANTS defendants’ Motion to Dismiss under Federal Rule of Civil Procedure 12(b)(6), DENIES plaintiffs’ Cross-Motion for Summary Judgment, and DISMISSES the action.
Prevailing party Government Read by a model
the Court GRANTS defendants’ Motion to Dismiss under Federal Rule of Civil Procedure 12(b)(6), DENIES plaintiffs’ Cross-Motion for Summary Judgment, and DISMISSES the action.
The delay claim Dismissed Read by a model
For the foregoing reasons, the Court GRANTS defendants’ Motion to Dismiss under Federal Rule of Civil Procedure 12(b)(6), DENIES plaintiffs’ Cross-Motion for Summary Judgment, and DISMISSES the action.
Months pending 69.9 months from the application to the suit; 87.9 months from the application to the court's decision Read by a model
On or around April 14, 2014, plaintiffs paid the necessary fee and submitted Hossein’s application to the U.S. Embassy in Abu Dhabi (the “Embassy”).
TRAC factors The court weighed the TRAC factors
  • 1. Rule of reasonfavors the government
  • 2. Congressional timetablefavors the government
  • 3. Human health and welfarefavors the applicant
  • 4. Competing prioritiesnot reached
  • 5. Interests prejudicedfavors the applicant
  • 6. No impropriety neededneutral
Read by a model
The first factor, which is the most important,’ weighs in defendants’ favor.
Threshold rulings Consular nonreviewability rejected; Mootness argument rejected Read by a model
Accordingly, it is evident that no “final decision,” P.K., 302 F. Supp. 3d at 11, has occurred with respect to Hossein’s visa application, and therefore the doctrine of consular nonreviewability does not bar his unreasonable delay claim.
Nationality Iran Read by a model
Hossein, Sadra’s father, is an Iranian national residing in Iran.
212(f) proclamation Proclamation 9645 Read by a model
on December 26, 2017, Hossein’s application was refused under Proclamation 9645
I-130 category Immediate relative Read by a model
Sadra is a U.S. citizen currently residing in the United States. Compl. §f 24, 60. Hossein, Sadra’s father, is an Iranian national residing in Iran.

How the case ended

Docket
No. 1:20-cv-00402
Filed
February 11, 2020
Ended
August 11, 2021
Suit's filing to its end
547 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.