UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ALICIA LASHEA NEUPANE MAHMOOD, : : Plaintiff, : Civil Action No.: 21-1262 (RC) : v. : Re Document No.: 4 : U.S. DEPARTMENT OF HOMELAND : SECURITY, et al., : : Defendants. : MEMORANDUM OPINION GRANTING DEFENDANTS’ MOTION TO DISMISS I. INTRODUCTION Plaintiff Alicia Lashea Neupane Mahmood brings this suit against Defendants the U.S. Department of Homeland Security (“DHS”), the U.S. Citizenship and Immigration Services (“USCIS”), the U.S. Department of State (“DOS”), the U.S. Consulate of Ankara, Turkey, and the respective heads of each agency (collectively, “the Government”) alleging unlawfully withheld and unreasonably delayed agency action in violation of the Administrative Procedure Act (“APA”), as well as a violation of due process rights under the Fifth Amendment. Ms. Mahmood specifically alleges that the visa application process for her spouse, Mr. Khalat Nidhamaldeen Mahmood, has been delayed for an unreasonable amount of time, and intentionally so pursuant to DHS’s Controlled Application Review and Resolution Program (“CARRP”) that failed to undergo the APA public notice and comment process for final agency actions. Now before the Court is the Government’s motion to dismiss Ms. Mahmood’s complaint. The Government moves to dismiss Plaintiff’s complaint on the grounds that it names officials who cannot provide the requested relief and fails to state a legally sufficient claim. For the reasons set forth below, the Court holds that Plaintiff has named certain officials who have already completed their duties as part of the visa process and therefore dismisses the claims with respect to those parties as moot. Furthermore, the Court holds that Plaintiff has failed to state a claim regarding CARRP, of unreasonable delay, or of due process violations. II. FACTUAL BACKGROUND Ms. Mahmood, a U.S. citizen, is the spouse of Khalat Nidhamaldeen Mahmood, a citizen of Iraq. Compl. ¶¶ 1–2, ECF No. 1. Ms. Mahmood filed a visa petition with USCIS on Mr. Mahmood’s behalf as a “spouse visa petitioner” on November 29, 2018. Id. ¶¶ 14, 17. She received a confirmation receipt numbered LIN19900116953 from USCIS and paid all applicable fees. Id. ¶¶ 17–18. USCIS purportedly approved the I-130 spouse visa petition on November 19, 2019, and at that point should have sent Mr. Mahmood’s case to the National Visa Center (“NVC”), a branch of DOS, for visa processing. Id. ¶¶ 19–20. NVC first assigned number BGH2020507006 to the case. Id. ¶ 20. Plaintiff’s visa request was then “transferred to Doha, Qatar following attacks on the U.S. Embassy consulate in Baghdad.” Id. ¶ 21. Subsequently, NVC assigned another case number, ANK2020719010 indicating that the visa would be processed at the U.S. Embassy consulate in Ankara, Turkey. Defs’. Mot. Dismiss & Mem. Supp. Thereof (“Mot.”) at 2–3, ECF No. 4; see also Compl. ¶ 22. The next step in the process would have been for DOS to conduct Mr. Mahmood’s visa consular interview. See Compl. ¶ 23; Pl.’s Mem. P. & A. Opp’n Defs.’ Mot. Dismiss (“Opp’n”) at 4, ECF No. 5. Ms. Mahmood alleges that she …
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