Yusef v. Blinken
4:22-cv-01519
S.D. Tex.Mar 28, 2025Background
- Plaintiff Passam Yusef Yusef previously held a visitor visa, which was cancelled, prompting him and his family to reapply in 2012.
- After interviews at the U.S. consulate in Caracas, Venezuela, only Yusef’s wife’s visa was approved; his application was placed in administrative processing.
- Despite two congressional inquiries (2018, 2019), Yusef received no updates on his visa status.
- On May 12, 2022, Yusef filed suit seeking mandamus relief to compel the adjudication of his petition and visa application, declaratory relief, and attorney’s fees.
- Defendants moved to dismiss, stating the visa application had already been adjudicated and denied years earlier (2016), rendering the case moot.
- Yusef did not respond to the motion to dismiss.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court has subject-matter jurisdiction over Yusef’s suit given the alleged inaction on his visa application | Yusef claims the visa petition and application remain unadjudicated, warranting mandamus relief | The visa application was already adjudicated and denied (2016), so there is no live controversy | Court lacks jurisdiction; case dismissed as moot |
Key Cases Cited
- Already, LLC v. Nike, Inc., 568 U.S. 85 (2013) (case is moot when the issues are no longer live or there is no legally cognizable interest)
- Murphy v. Hunt, 455 U.S. 478 (1982) (case becomes moot absent a live controversy)
- FBI v. Fikre, 601 U.S. 234 (2024) (case moot when party receives all requested relief outside litigation)