UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA SAMAN DIDBAN, et al., Plaintiffs, v. Case No. 19-cv-881 (CRC) MICHAEL R. POMPEO, et al., Defendants. MEMORANDUM OPINION Presidential Proclamation 9645 bans citizens of seven countries, including Iran, from entering the United States. But it allows consular officers to waive that restriction on a case-by-case basis. Plaintiffs Saman Didban, a United States legal permanent resident, and his wife, Fataneh Rostami, an Iranian national, submitted a waiver application two years ago that the Government has not yet processed. Arguing that this delay is unreasonable, Plaintiffs seek to compel the Government, under the Administrative Procedure Act and the Mandamus Act, to reach a decision on Ms. Rostami’s application. Finding that the Government’s delay is not unreasonable in light of the circumstances, the Court will grant the Government’s motion to dismiss. I. Background A. Legal Background Under the Immigration and Nationality Act (“INA”), a U.S. citizen or legal permanent resident who wishes to bring a foreign national spouse to the United States must begin the immigration process by filing a Petition for Alien Relative (form I-130) with the United States Customs and Immigration Service (“USCIS”). 8 U.S.C. § 1154. If USCIS confirms that the I- 130 form meets the threshold requirements, it sends the petition to the U.S. embassy with jurisdiction over the foreign spouse’s residence. See 8 C.F.R. § 204.1(a)(1). The foreign spouse must then submit an Online Immigrant Visa and Alien Registration Application (form DS-260) and appear for an interview with a consular officer at the embassy. At the conclusion of the interview, “the consular officer must [either] issue [or] refuse the visa . . . .” 22 C.F.R. § 42.81(a). “If the consular officer refuses the visa, he or she must inform the applicant of the provisions of law on which the refusal is based, and of any statutory provision under which administrative relief is available.” 9 Foreign Affairs Manual (“FAM”) § 504.1-3(g). “If a visa is refused, and the applicant within one year from the date of refusal adduces further evidence tending to overcome the ground of ineligibility on which the refusal was based, the case shall be reconsidered.” 22 C.F.R. § 42.81(e). At all times, the alien bears the burden of establishing that she “is not inadmissible” and “that [s]he is entitled to the nonimmigrant, immigrant, special immigrant, immediate relative, or refugee status claimed.” 8 U.S.C. § 1361. The INA grants broad authority to the President to control the admission of aliens. It states: Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate. Id. § 1182(f). In September 2017, President Trump exercised this authority by ...
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