Saraev v. Rubio

Summary

The United States District Court for the District of Columbia grants Defendants’ motion to dismiss Plaintiffs’ action seeking to compel adjudication of their EB-1A visa applications, which had been undergoing administrative processing under INA § 221(g). The court concludes that consular nonreviewability does not bar the claims because the refusal was not final, but holds that the approximately eleven-month delay was not unreasonable under the TRAC factors. The court therefore finds that Plaintiffs failed to plausibly allege unreasonable delay.

Holdings

1. The doctrine of consular nonreviewability did not bar plaintiffs' claims because the § 221(g) refusal followed by administrative processing was not a final visa decision.
2. Plaintiffs identified a clear, nondiscretionary duty requiring consular officers to adjudicate their visa applications within a reasonable time.
3. Plaintiffs failed to plausibly allege that the delay in processing their visa applications was unreasonable under the TRAC factors.

Questions Presented

1. Whether the doctrine of consular nonreviewability barred plaintiffs' claims based on the State Department's refusal of their visa applications under INA § 221(g).
2. Whether the APA and applicable State Department regulations impose a clear, nondiscretionary duty to adjudicate visa applications placed in administrative processing.
3. Whether the approximately eleven-month delay in processing plaintiffs' visa applications was unreasonable under the six TRAC factors and therefore supported relief under the APA or Mandamus Act.

Disposition

dismissed