Passim

Mandamus decisions / District of Columbia

AMEER v. SCHOFER

District of ColumbiaTrevor N. McFaddenDecided June 4, 2024No. 1:23-cv-03066

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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
She contends that State has “unlawfully withheld or unreasonably delayed” a final determination on her visa application and seeks to compel State to process her visa within fifteen days or “as soon as reasonably possible.”
Form or filing 221(g) (consular refusal); DS-160 (nonimmigrant visa) Read by a model
In May 2023, she filed a completed application for an H-1B nonimmigrant visa, which permits foreign nationals to work temporarily in certain specialty occupations.
What the suit asked for Finish 221(g) processing Read by a model
Were the Court to order State to complete administrative processing, it would, in effect, be ordering State to re -adjudicate its initial refusal—which necessarily entails a reexamination of that refusal’s substance.
Kind of order A ruling on a motion or the petition Read by a model
And the Court will grant it because Ameer fail s to state a claim under Rule 12(b)(6).
Motion decided Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim Read by a model
State argues that dismissal is proper under Rule 12(b)(1) and 12(b)(6). So two standards apply.
Whose motion The government's motion Read by a model
State moved to dismiss under Rules 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
For these reasons, State ’sMotion to Dismiss will be granted.
Prevailing party Government Read by a model
For these reasons, State ’sMotion to Dismiss will be granted.
The delay claim Dismissed Read by a model
And the Court will grant it because Ameer fail s to state a claim under Rule 12(b)(6).
Months pending 5 months from the application to the suit; 12.7 months from the application to the court's decision Read by a model
In May 2023, she filed a completed application for an H-1B nonimmigrant visa, which permits foreign nationals to work temporarily in certain specialty occupations.
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 prioritiesfavors the government
  • 5. Interests prejudicedfavors the applicant
  • 6. No impropriety neededfavors the government
Read by a model
The se factors “strongly favor” State because “Congress has not supplied a rule of reason” or “statutory deadline” for processing non-immigrant H-1B visa applications.
The government's delay arguments Line-jumping accepted Read by a model
The fourth factor likewis e “strongly disfavors” Ameer , because granting her application would enable “line jumping,” putting her application “ahead of longer-pending petitions.”
Threshold rulings Consular nonreviewability applied; No duty to re-adjudicate a 221(g) refusal Read by a model
But recall that Ameer concedes her visa application was refused under § 221(g). The Court is barred from reviewing this decision under consular nonreviewability.
Nationality Pakistan Read by a model
Iqra Ameer, a Pakistani citizen, applied for a non-immigrant visa to teach computer science at Pennsylvania State University.

How the case ended

Docket
No. 1:23-cv-03066
Filed
October 16, 2023
Ended
June 4, 2024
Suit's filing to its end
232 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 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.