John Robert Sundlof and Oluwatomisin Ogbede v. National Visa Center, U.S. Department of State

Summary

The United States District Court for the District of Colorado granted the National Visa Center's motion to dismiss an action seeking relief for alleged delay in scheduling an immigrant visa interview. The court held that the plaintiffs failed to identify a specific, nondiscretionary duty supporting an unreasonable-delay claim under the Administrative Procedure Act or mandamus relief. The complaint was dismissed without prejudice for lack of subject-matter jurisdiction.

Holdings

1. The court lacked subject-matter jurisdiction over plaintiffs' APA claim because plaintiffs failed to identify a specific, nondiscretionary duty requiring the defendant to schedule the visa interview.
2. Plaintiffs could not obtain mandamus relief because they failed to identify a discrete, legally required duty that the defendant had failed to perform.

Questions Presented

1. Whether the court had subject-matter jurisdiction over plaintiffs' APA claim alleging unreasonable delay in scheduling a family-based immigrant visa interview.
2. Whether 5 U.S.C. § 555(b) or the statutes governing immigrant visas imposed a specific, nondiscretionary duty on the National Visa Center or State Department to schedule the interview.
3. Whether plaintiffs could obtain mandamus relief compelling the defendant to schedule the visa interview.

Disposition

dismissed