UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA SADE ABDULKADIR ISSE, Plaintiff, v. Civil Action No. 22-3114 (BAH) MARGARET WHITMAN, et al., Judge Beryl A. Howell Defendants. MEMORANDUM OPINION Plaintiff Sade Abdulkadir Isse, a citizen of Somalia currently residing in Kenya, seeks to compel defendants, the U.S. Ambassador to Kenya and the Secretary of State, in their official capacities, to adjudicate his visa application. See Compl. ¶¶ 1, 16, ECF No. 1. Plaintiff’s wife, Bello Abdule Hirsi, filed an I-130 application on plaintiff’s behalf in January 2017. Id. ¶ 1. By December 2022, plaintiff had not yet received a final decision, prompting his filing of this suit, alleging that defendants have unreasonably delayed his visa application under the Administrative Procedure Act (“APA”), 5 U.S.C. §§ 551 and 701, et seq., and the Mandamus Act, 28 U.S.C. §§ 1331 and 1361, et seq. See Compl. ¶ 31. Defendants now move to dismiss for lack of jurisdiction, under Federal Rule of Civil Procedure 12(b)(1), or, in the alternative, for failure to state a claim under Rule 12(b)(6). See Defs.’ Mot. to Dismiss (“Defs.’ Mot.”), ECF No. 6. For the reasons explained below, defendants’ motion is granted. I. BACKGROUND A review of the statutory and regulatory background underlying the claims is below, followed by a summary of the factual and procedural history of this case. A. Statutory and Regulatory Background 1 The Immigration and Nationality Act (“INA”), 8 U.S.C. § 1101 et seq., allows for the issuance of immigrant visas, including for relatives of U.S. citizens. 8 U.S.C. § 1154; 8 C.F.R. § 204.1(a)(1); 8 C.F.R. § 204.1(a)(1), (b). A U.S. citizen seeking permanent resident status for a spouse or other family member may fill out a Form I-130, Petition for Alien Relative, with U.S. Customs and Immigration Services (“USCIS”). 8 U.S.C. §§ 1154, 1151(b)(2)(A)(i) (defining a spouse as an “immediate relative” of a citizen for the purposes of Form I-130 petitioners); 8 C.F.R. § 204.1(a)(1). If USCIS approves the petition, the case is forwarded to the National Visa Center (“NVC”) for processing. Id. § 204.2(a)(3). The NVC serves as the visa application processing center for the U.S. Department of State (“State Department”). Id. Following approval of the petition, the foreign spouse must submit paperwork and processing fees to the NVC. See 22 C.F.R. § 42.67 (outlining application fees and additional documentation that an applicant must submit to the NVC to complete their application, including an oath and a signature on Forms DS-230 and DS-260, a “[f]orm of attestation for certain repeat applications due to COVID-19,” registration requirements, and fingerprints). NVC then schedules a consular interview for the applicant at the embassy with jurisdiction over the applicant’s residence. Id. § 42.62. The consular officer must either issue or refuse the visa following the interview. Id. § 42.81(a). B. Factual Background In January 2017, Hirsi filed an I-130 visa petition with USCIS on behalf of her husband and paid the fees associated with the visa application process. Compl. ¶¶ 1, 9, 22. Hirsi …
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