Mandamus decisions / District of Columbia

MOMENI v. RUBIO

District of ColumbiaJames E. BoasbergDecided August 14, 2026No. 1:26-cv-00738

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
Momeni has repeatedly asked the U.S. Embassy in Copenhagen for updates and has repeatedly been told that the embassy does not know how long administrative processing will take and that it will contact him when there is an update.
Form or filing 221(g) (consular refusal); DS-160 (nonimmigrant visa) Read by a model
First, the individual must file a Form DS-160.
What the suit asked for Finish 221(g) processing Read by a model
The Court first assesses Momeni’s claim under § 706(1) of the APA to “compel agency action” — here, the finishing of administrative processing — that has been “unreasonably delayed.”
Kind of order A ruling on a motion or the petition Read by a model
The Court will therefore grant 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
Defendants’ Motion invokes the legal standards for dismissal under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6).
Whose motion The government's motion Read by a model
The Court will therefore grant 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 will therefore grant Defendants’ Motion to Dismiss.
Prevailing party Government Read by a model
The Court will therefore grant Defendants’ Motion to Dismiss.
The delay claim Dismissed Read by a model
The Court will therefore grant Defendants’ Motion to Dismiss.
Months pending 30.9 months from the application to the court's decision Read by a model
First, they filed a B1/B2 application and then later attended an interview on January 17, 2024.
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 government
  • 4. Competing prioritiesfavors the government
  • 5. Interests prejudicedfavors the government
  • 6. No impropriety neededneutral
Read by a model
The first two factors thus favor Defendants.
The government's delay arguments Line-jumping accepted Read by a model
While the Court recognizes that Plaintiff’s inability to make travel arrangements may be irritating, the length of delay is reasonable as a matter of law, and allowing Momeni to cut in line would simply push others back.
Threshold rulings Consular nonreviewability rejected Read by a model
For the same reasons that this Court rejected those arguments in Dib mere months ago, it will reject them here, too.
Nationality Iran Read by a model
Plaintiff is a dual Iranian and Swedish citizen currently living in Sweden.

Other orders in this case

The group holds 2 decisions from this suit, oldest first. Outcome counts on these pages count the case once, by its latest decision. How decisions are grouped into cases.

DecisionDecidedJudgeDisposition
MOMENI v. RUBIOThis decision August 14, 2026 James E. Boasberg Dismissed
MOMENI v. RUBIOThe case's latest decision: its outcome is the one counted September 22, 2026 James Emanuel Boasberg Denied in the government's favor

How the case ended

Docket
No. 1:26-cv-00738
Filed
March 2, 2026
Ended
August 14, 2026
Suit's filing to its end
165 days
How it ended
Dismissed on jurisdiction or the merits
From the record
order 2026-08-14 for the defendants, ground not stated

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.