UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA AHMED ZAKI DAWOOD AL-HADDAD, : : Plaintiff, : Civil Action No.: 18-cv-674 (RC) : v. : Re Document No.: 7 : JEFFERSON B. SESSIONS, III, et al., : : Defendants. : MEMORANDUM OPINION GRANTING DEFENDANTS’ MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION I. INTRODUCTION Plaintiff Ahmed Zaki Dawood Al-Haddad has brought this lawsuit under the Administrative Procedure Act, 5 U.S.C. § 701 et seq., to challenge the denial of his application for refugee resettlement in the United States under Section 207 of the Immigration and Naturalization Act, 8 U.S.C. § 1157. Defendants now move to dismiss for lack of subject matter jurisdiction and failure to state a claim, arguing that his claims are non-justiciable and barred by longstanding principles of nonreviewability of visa denials. Because it lacks jurisdiction to review discretionary denials of refugee resettlement applications, the Court grants the motion to dismiss. II. BACKGROUND Plaintiff Ahmed Zaki Dawood Al-Haddad (“Al-Haddad”) is an Iraqi national who lives in Baghdad. See 2014 Request for Review, Compl. Ex. 4, at 1, ECF No. 1-4. Al-Haddad and his family have a history of involvement with U.S.-led and funded efforts in Iraq since at least 2007. See id. at 1–2. In 2007, Al-Haddad and his family were forced to temporarily relocate to Syria after a failed kidnapping attempt on one of his family members caused by his older brother’s work in the International Zone in Baghdad. Id. at 2. Between 2009 and 2013, Al-Haddad himself worked as a network engineer on a number of U.S. government contracts in the International Zone. Id. at 1. Al-Haddad also acted as a translator for Reuters’ chief bureau officer in Baghdad during that time. Id. And between at least February and September 2014, Al- Haddad worked as a Communications Officer with the U.S. Agency for International Development. Id. at 8. As a result of their work in the International Zone and on U.S.-led projects, both Al-Haddad, his family, and his co-workers were targeted for reprisals on numerous occasions over the years. See id. at 2. Aside from the 2007 kidnapping attempt, Al-Haddad and his family were threatened on several occasions between 2009 and 2012. Id. After several of Al-Haddad’s family members were admitted to the United States as refugees in 2012, threats against Al-Haddad and his older brother continued. Id. at 2–3. Al-Haddad applied for refugee resettlement in the United States at some point in 2010 or earlier. See id. at 2. Under Section § 207 of the Immigration and Naturalization Act (“INA”), 8 U.S.C. § 1157, the admission of refugees is committed to the discretion of the Secretary of the Department of Homeland Security. See 8 U.S.C. § 1157(c)(1); 6 U.S.C. § 557. On June 16, 2014, the U.S. Citizenship and Immigration Services (“USCIS”) issued Al-Haddad a notice of ineligibility for resettlement. Compl. at 5; 2014 Notice of Ineligibility, Compl. Ex. 1, at 1, ECF No. 1-1. The notice explained that Al-Haddad’s application for refugee resettlement ...
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