UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA NASRIN SARLAK, et al., Plaintiffs, Civil Action No. 20-35 (BAH) v. Chief Judge Beryl A. Howell MICHAEL R. POMPEO, in his official capacity as Secretary of State, et al., Defendants. MEMORANDUM OPINION Plaintiff Nasrin Sarlak, a citizen of Iran, applied in November 2017 for a visa allowing her to immigrate to the United States to work as a pastry chef for plaintiff Simply Natural of Sunrise, Inc. (“Simply Natural”). See Compl. ¶¶ 13, 16, ECF No. 1. Plaintiffs Masoud Abdoli (“Abdoli”), Sarlak’s husband, and Arshia Abdoli (“Arshia”), Sarlak’s son, also citizens of Iran, simultaneously sought visas to immigrate to the United States based on their familial relationship with Sarlak. See id. ¶ 17. By January 2020, Sarlak, Abdoli, and Arshia had not yet received final decisions, and plaintiffs filed this suit seeking a writ of mandamus or an order under the Administrative Procedure Act (“APA”), 5 U.S.C. § 551, et seq., compelling unreasonably delayed agency action. See Compl. ¶ 41; id. at 13–14 (Prayer for Relief). Defendants have filed a motion 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 Mot. to Dismiss, ECF No. 8; see also Mem. Supp. Defs.’ Mot. to Dismiss (“Defs.’ Mem.”), ECF 8. For the reasons explained below, defendants’ motion is granted. 1 I. BACKGROUND Simply Natural filed, on August 21, 2017, an I-140 Immigration Petition for Alien Worker for Sarlak to work in the “highly specialized position” of “pastry chef, specifically focused on inventing recipes for and actually baking healthy Persian baked goods.” Compl. ¶ 13. U.S. Citizenship and Immigration Service approved the petition on October 19, 2017 and forwarded the petition to the Department of State National Visa Center. Id. ¶ 14. Soon after, Sarlak, Abdoli, and Arshia completed additional aspects of the visa application, provided supporting documents, and paid their visa processing fees. Id. ¶¶ 16–18. On May 17, 2018, Sarlak, Abdoli, and Arshia appeared for a visa interview at the U.S. Embassy in Ankara, Turkey. Id. ¶¶ 20, 34. That same day, “the consular officer refused the immigrant visa applications in accordance with Presidential Proclamation 9645,” Decl. of Chloe Dybdahl, Attorney Adviser, Advisory Opinions Division of the U.S. Department of State’s Bureau of Consular Affairs (“Dybdahl Decl.”) ¶ 4, ECF No. 8-1, which generally bars nationals from Iran and several other countries from entering the United States, see Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats, 82 Fed. Reg. 45161, 45163 (Sept. 24, 2017) (“Proclamation”).1 The complaint alleges that Sarlak, Abdoli, and Arshia were then immediately considered for waivers under the Proclamation. See Compl. ¶¶ 21, 23. The Proclamation permits “a consular officer,” in his “discretion, [to] grant waivers on a case-by-case basis to permit the entry of foreign nationals for whom entry is otherwise suspended or limited.” Proclamation, 82 Fed. Reg. at ...
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