UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA BABAK KHOSHROU et al., Plaintiffs, v. Civil Action No. 22-2859 (CKK) ANTONY J. BLINKEN, et al., Defendants. MEMORANDUM OPINION (August 2, 2023) In this action, Plaintiffs, citizens of Iran, seek declaratory relief ordering officials of the United States Department of Homeland Security (“DHS”) and Department of State (“State Department”) to render decisions on their F-1 student visa applications without further delay, pursuant to the Administrative Procedure Act’s (“APA”) bar on “unreasonabl[e] delay.” 5 U.S.C. § 706(1). Now pending before the Court is Defendants’ [12] Motion to Dismiss Plaintiffs’ Complaint under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). All parties agree that Plaintiffs Matin Alsadat Mostaan, Samaneh Mollaramezani, Mohammad Parvin, and Abasali Masoumi received final decisions on their visa applications and therefore their claims are now moot. Pls.’ Opp’n at 1; Defs.’ Mot. at 9. The only remaining Plaintiff is Babak Khoshrou. Upon review of the briefing,1 the relevant legal authority, and the record as a whole, the Court shall 1 The Court’s consideration has focused on the following: • Plaintiffs’ Complaint (“Compl.”), ECF No. 1; • Defendants’ Motion to Dismiss (“Defs.’ Mot.”), ECF No. 12; • Plaintiffs’ Memorandum in Opposition to Defendants’ Motion to Dismiss (“Pls.’ Opp’n”), ECF No. 13; and • Defendants’ Reply in Support of the Motion to Dismiss (“Defs.’ Reply”), ECF No. 17. 1 DENY AS MOOT Defendants’ Motion to Dismiss as to Plaintiffs Matin Alsadat Mostaan, Samaneh Mollaramezani, Mohammad Parvin, and Abasali Masoumi as their visa applications have been resolved and all parties agree their claims are moot; GRANT Defendants’ Motion to Dismiss as to Plaintiff Babak Khoshrou; and DISMISS Plaintiffs’ [1] Complaint in its entirety. I. BACKGROUND A. Procedural History Plaintiffs initiated this lawsuit in September 2022. Through this action, Plaintiffs seek to compel the Government to decide their various requests for F-1 student visas. See generally Compl. Defendants filed the pending Motion to Dismiss Plaintiffs’ Complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) for lack of subject matter jurisdiction and failure to state a claim. Defs.’ Mot. at 1. This Motion is now fully briefed and ripe for the Court’s review. In their opposition, Plaintiffs write that they agree that the claims of Plaintiffs Matin Alsadat Mostaan, Samaneh Mollaramezani, Mohammad Parvin, and Abasali Masoumi are now moot. Pls.’ Opp’n at 1. Accordingly, as the Court will grant Defendants’ Motion to Dismiss as to those claims, with Plaintiffs’ consent, the Court addresses below only the procedural history of the applications of the remaining Plaintiff, Babak Khoshrou. B. Visa Application of Plaintiff Babak Khoshrou Plaintiff Babak Khoshrou is a citizen of Iran who seeks issuance of an F-1 student visa. Compl. ¶¶ 8, 31. Mr. Khoshrou was admitted to a master’s program at Kettering University in December 2021 and intended to enroll in April 2022. Id. ¶ 32. Mr. Khoshrou completed the DS- In an exercise of its discretion, the Court finds that holding oral argument in this action would not be of …
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