UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA _________________________________________ ) SANAZ ASHTARI, et al., ) ) Plaintiffs, ) ) v. ) Case No. 19-cv-3797 (APM) ) MIKE POMPEO, in his official capacity ) as Secretary of State, et al., ) ) Defendants. ) _________________________________________ ) MEMORANDUM OPINION AND ORDER I. On February 18, 2015, Plaintiff Sanaz Ashtari, a U.S. citizen residing in Texas, initiated the legal process required to bring her Iranian parents, Plaintiffs Abdollah Ashtari and Saedeh Mozaffari, to the United States. 1 Compl., ECF No. 1 [hereinafter Compl.], ¶¶ 61, 79. This case concerns the delay in processing their visa applications. Although Ms. Mozaffari’s visa was approved almost four years later, shortly after the initiation of this lawsuit, 2 see Defs.’ Mot. to Dismiss, ECF No. 9 [hereinafter Defs.’ Mot.], Decl. of Chloe Dybdahl, ECF No. 9-2 [hereinafter Dybdahl Decl.], ¶ 4, Mr. Ashtari’s application remains in limbo to this day, id. ¶ 5. Mr. Ashtari’s visa application was sent to the U.S. Embassy in Ankara, Turkey, for processing, see Compl. ¶ 61, where he appeared for a visa interview on August 24, 2016, id. at ¶ 63; Dybdahl Decl. ¶ 5. Five days after his interview, Mr. Ashtari was notified by email that his “‘visa case ha[d] been refused under Section 221(g) of the U.S. Immigration and Nationality Act 1 The Immigration and Nationality Act (“INA”) provides that a U.S. citizen who wishes to bring a foreign national relative to the United States must file a Petition for Alien Relative (Form I-130) with the United States Customs and Immigration Service (“USCIS”). 8 U.S.C. § 1154; 8 C.F.R. § 204.1(a)(1). 2 The case was voluntarily dismissed as to Ms. Mozaffari on February 25, 2020. See Notice of Voluntary Dismissal, ECF No. 8. [“INA”]’ and that ‘further administrative processing’ of his application was required.” Compl. ¶ 64. He was told that process, “on average[,] takes four months.” Id. Nearly a year later, while Mr. Ashtari’s application was “still undergoing [ ] required administrative processing,” id. ¶ 65, President Trump issued Presidential Proclamation 9645, entitled “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats.” 82 Fed. Reg. 45,161 (Sept. 24, 2017) [hereinafter Proclamation]. Proclamation 9645 bans citizens of eight countries, including Iran, from entering the United States. Id. § 2. Although a blanket ban, the Proclamation does provide that “a consular officer . . . may, in [his] discretion, grant waivers on a case-by-case basis to permit the entry of foreign nationals for whom entry is otherwise suspended or limited . . . .” Id. § 3(c). “A waiver may be granted only if a foreign national demonstrates to the consular officer’s . . . satisfaction that: (A) denying entry would cause the foreign national undue hardship; (B) entry would not pose a threat to the national security or public safety of the United States; and (C) entry would be in the national interest.” Proclamation § 3(c)(i). The Proclamation ...
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