Mandamus decisions / District of Columbia

Kangarloo v. Pompeo

District of ColumbiaCarl John NicholsDecided August 7, 2020No. 1:20-cv-00354

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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
The consular officer refused him a visa because the application needed further processing.
Form or filing 221(g) (consular refusal); DS-260 (immigrant visa) Read by a model
Immediatel y upon completion of the interview, the consular officer refused Imanifouladi’s visa application under section 221(g) of the Immigration and Naturalization Act(INA) , 8 U.S.C. §1201(g) , pending further administrative processing.
What the suit asked for Decide the application Read by a model
Plaintiffs ask the Court to compel the government to adjudicate the waiver application, arguing that the delay either violates the APA, id.¶¶56–63, or warrants a writ of mandamus, id.¶¶49–55.
Kind of order A ruling on a motion or the petition Read by a model
The Court therefore grants Defendants’ Motion to Dismiss.
Motion decided Motion to dismiss for lack of jurisdiction; Motion to dismiss for failure to state a claim Read by a model
The government move s to dismiss, arguing that the Court lacks subject-matter jurisdiction and that the Petition fails to state a claim.
Whose motion The government's motion Read by a model
The Court therefore grants Defendants’ Motion to Dismiss.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
The Court therefore grants Defendants’ Motion to Dismiss.
Prevailing party Government Read by a model
The Court therefore grants Defendants’ Motion to Dismiss.
The delay claim Dismissed Read by a model
For those reasons, Plaintiffs have not stated a claim for unreasonable delay under either the APA or the Mandamus Act. The Court therefore grants Defendants’ Motion to Dismiss.
Months pending 17.8 months from the application to the suit; 23.8 months from the application to the court's decision Read by a model
Kangarloo applied for a waiver on Imanifouladi’s behalf on August14, 2018
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 neededneutral
Read by a model
The first two factors weigh in the government’s favor.
The government's delay arguments Line-jumping accepted Read by a model
Nevertheless, Plaintiffs have not provided an adequate reasonwhy the Court should compel the government to give Imanifouladi preferential treatment over other applicants simply becausehe filed a lawsuit .
Threshold rulings Consular nonreviewability rejected; Mootness argument rejected Read by a model
The Court agrees that the doctrine of consular nonreviewability does not bar challenges to the government’s failure to issue a final decision on a waiver application under the Proclamation.
Nationality Iran Read by a model
Imanifouladi is an Iranian citizen living in Iran.
212(f) proclamation Proclamation 9645 Read by a model
As relevant here, the President issued Presidential Proclamation 9645 on September 24, 2017
I-130 category Immediate relative Read by a model
Plaintiff Tara Kangarloo, a United States citizen residin g in Virginia, married Imanifouladi in 2015and shortly thereafter applied for an I -130 visa for her new husband.

How the case ended

Docket
No. 1:20-cv-00354
Filed
February 7, 2020
Ended
August 7, 2020
Suit's filing to its end
182 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.