UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA MOHAMEDELFATIH AHMED ADAM ELJALABI, : : Plaintiff, : Civil Action No. 21-1730 (RC) : v. : Re Document Nos.: 5, 8 : ANTONY BLINKEN, et al., : : Defendants. : MEMORANDUM OPINION GRANTING DEFENDANTS’ MOTION TO DISMISS; DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT I. INTRODUCTION Plaintiff Mohamedelfatih Ahmed Adam Eljalabi brings this suit seeking a writ of mandamus and injunctive relief to compel Defendants to act on and adjudicate the petition for a spousal visa for his wife, Razaz Mukhier Altaher Ali, which has been pending for over two years. His claims are brought against Defendants Antony Blinken, Secretary of the U.S. Department of State (“DOS”); Richard Visek, Acting Legal Adviser of DOS; Ian Brownlee, Acting Assistant Secretary of the Bureau of Consular Affairs, DOS; Merrick Garland, Attorney General of the United States (“AG”); Alejandro Mayorkas, Secretary of the U.S. Department of Homeland Security (“DHS”); Tracy Renaud, Acting Director of the U.S. Citizenship and Immigration Services (“USCIS”); Christopher Wray, Director of the Federal Bureau of Investigation (“FBI”); and Brian Shukan, Chargé de’ Affaires of the U.S. Embassy in Khartoum (collectively, “Defendants”). Mr. Eljalabi alleges that Defendants unlawfully withheld and unreasonably delayed action on Ms. Ali’s visa application in violation of the Administrative Procedure Act (“APA”). Further, he contends that this process has been unreasonably and intentionally delayed pursuant to DHS’s Controlled Application Review and Resolution Program (“CARRP”), a program that he claims failed to undergo the public notice and comment protocols required by the APA. Now before the Court are Defendants’ motion to dismiss and Mr. Eljalabi’s motion for summary judgment. Defendants move to dismiss pursuant to Rule 12(b)(1) and 12(b)(6) on the grounds that the petition names officials who cannot provide the requested relief and that it fails to state legally sufficient claims. Mr. Eljalabi moves for summary judgment on the grounds that Defendants have failed to fulfill their non-discretionary duty under the APA and Mandamus Act to process, investigate, and adjudicate Ms. Ali’s visa application within a reasonable period of time. For the reasons set forth below, the Court holds that Mr. Eljalabi has failed to state a claim with respect to both CARRP and the unreasonableness of delay. As a result, the Court grants Defendants’ motion to dismiss and denies Plaintiff’s motion for summary judgment. II. BACKGROUND A. Statutory and Regulatory Background The Immigration and Nationality Act (“INA”), 8 U.S.C. § 1101 et seq., authorizes the issuances of visas to various categories of immigrants seeking to enter the United States. See 8 U.S.C. § 1154; 8 C.F.R. §§ 204.1(a)(1), (b); Arab v. Blinken, No. 21-cv-1852, 2022 WL 1184551, at *1 (D.D.C. Apr. 21, 2022). A United States citizen or lawful permanent resident seeking to obtain lawful permanent resident status on behalf of their spouse must file a Form I- 130, Petition for Alien Relative, with USCIS. Arab, 2022 WL 1184551, at *1. If USCIS 2 approves the petition, the case is forwarded to the National Visa Center (“NVC”), …
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals