Myslimi v. Biden
Civil Action No. 2021-2496
D.D.C.Apr 20, 2022Background
- Plaintiff Mimoza Myslimi (Albanian citizen) was selected for a FY2021 diversity immigrant visa; spouse and minor child are derivatives.
- Mimoza submitted requested documents by early August 2020 but received no adjudication by late summer 2021.
- Plaintiffs filed suit Aug. 24, 2021 in E.D. Pa., alleging APA violation and seeking mandamus; requested injunctive relief to compel adjudication before Sept. 30, 2021 or to reserve visas if adjudication occurred after the FY closed.
- Case transferred to D.D.C. in Sept. 2021; plaintiffs never moved for emergency or injunctive relief before the Sept. 30 FY2021 deadline.
- Plaintiffs and defendants subsequently agreed to stay the case pending mootness resolution; defendants moved to dismiss for mootness.
- Court granted dismissal, holding the suit moot because no relief was sought or granted before the fiscal year ended.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the case is moot because the FY2021 selection period ended before any judicial relief was granted | Myslimi argued the case was not moot, relying on this court's Goodluck decision (which ordered reservation of visas) to preserve relief | Defendants argued Almaqrami controls: when a court fails to grant relief before the fiscal-year cutoff, the claim becomes moot | Court held the case is moot and granted defendants' motion to dismiss because plaintiffs obtained no relief before Sept. 30, 2021 |
Key Cases Cited
- Almaqrami v. Pompeo, 993 F.3d 774 (D.C. Cir. 2019) (holding diversity-visa claims can become moot when the court does not grant relief before the fiscal-year cutoff)
