AL-Obaidi v. Blinken
3:24-cv-00419
| M.D. Tenn. | Oct 2, 2024Background
- Plaintiff Ahmed Al-Obaidi, a U.S. citizen, filed an I-130 visa petition for his spouse, which was approved by USCIS and forwarded to the U.S. Embassy in Amman, Jordan for an immigrant visa interview.
- Following the interview in April 2023, a consular officer refused the visa under INA § 221(g), citing the need for ongoing security vetting.
- Al-Obaidi filed suit pro se, alleging unreasonable delay and that defendants unlawfully withheld a mandatory nondiscretionary duty to adjudicate the visa application.
- Plaintiff sought a writ of mandamus and relief under the Administrative Procedure Act (APA), arguing the Embassy failed to finalize the adjudication.
- Defendants moved to dismiss under Rule 12(b)(6), asserting that consular nonreviewability bars judicial review since a refusal was issued and the delay is not unreasonable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| 1. Applicability of Consular Nonreviewability | Seeks only to compel adjudication, not review a consular decision | Consular officer already refused visa; doctrine bars review | Doctrine applies; court lacks jurisdiction |
| 2. Existence of a Mandatory, Non-Discretionary Duty | Embassy must take final agency action, not mere administrative processing | Duty satisfied by refusal under § 221(g) | No unmet mandatory duty; refusal suffices |
| 3. APA Claim for Unreasonable Delay | Security checks caused an unlawful and unreasonable delay | No firm statutory timeline; 17 months is not unreasonable | Delay not unreasonable by case law standards |
| 4. Equitable Relief for Delay | Delay causes hardship and separation, warranting relief | Granting relief would unjustly prioritize plaintiff, harming others | Relief denied—balancing agency priorities weighs for defendants |
Key Cases Cited
- United States ex rel. Knauff v. Shaughnessy, 338 U.S. 537 (1950) (executive action to admit or exclude aliens is final and conclusive—no judicial review unless expressly authorized)
- Harisiades v. Shaughnessy, 342 U.S. 580 (1952) (addresses congressional delegation of discretion in immigration matters)
- Kleindienst v. Mandel, 408 U.S. 753 (1972) (limited review in visa denials; judicial review barred without express congressional mandate)
- Nishimura Ekiu v. United States, 142 U.S. 651 (1892) (upholds plenary power of executive over visa decisions)
- Baaghil v. Miller, 1 F.4th 427 (6th Cir. 2021) (consular nonreviewability applies to refusals under INA § 221(g))